TERMS OF USE

Last updated June 16, 2022

TABLE OF CONTENTS

1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PROHIBITED ACTIVITIES

6. USER GENERATED CONTRIBUTIONS

7. CONTRIBUTION LICENSE

8. GUIDELINES FOR REVIEWS

9. MOBILE APPLICATION LICENSE

10. SUBMISSIONS

11. ADVERTISERS

12. SITE MANAGEMENT

13. PRIVACY POLICY

14. TERM AND TERMINATION

15. MODIFICATIONS AND INTERRUPTIONS

16. GOVERNING LAW

17. DISPUTE RESOLUTION

18. CORRECTIONS

19. DISCLAIMER

20. LIMITATIONS OF LIABILITY

21. INDEMNIFICATION

22. USER DATA

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

24. CALIFORNIA USERS AND RESIDENTS

25. MISCELLANEOUS

26. CONTACT US

 

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you,

whether personally or on behalf of an entity (“you”) and East Rutherford Jewelry

Exchange LLC, doing business as Tahara Jewelry By Michael Taher ("Tahara

Jewelry By Michael Taher," “we," “us," or “our”), concerning your access to and use

of the https://www.taharajewelry.com/ website as well as any other media form,

media channel, mobile website or mobile application related, linked, or otherwise

connected thereto (collectively, the “Site”). We are registered in New Jersey, United

States and have our registered office at 628 Valley Rd, Upper Montclair, NJ 07043.

You agree that by accessing the Site, you have read, understood, and agreed to be

bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE

TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE

SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Site

from time to time are hereby expressly incorporated herein by reference. We reserve

the right, in our sole discretion, to make changes or modifications to these Terms of

Use at any time and for any reason. We will alert you about any changes by updating

the “Last updated” date of these Terms of Use, and you waive any right to receive

specific notice of each such change. Please ensure that you check the applicable

Terms every time you use our Site so that you understand which Terms apply. You

will be subject to, and will be deemed to have been made aware of and to have

accepted, the changes in any revised Terms of Use by your continued use of the Site

after the date such revised Terms of Use are posted.

 

The information provided on the Site is not intended for distribution to or use by any

person or entity in any jurisdiction or country where such distribution or use would be

contrary to law or regulation or which would subject us to any registration

requirement within such jurisdiction or country. Accordingly, those persons who

choose to access the Site from other locations do so on their own initiative and are

solely responsible for compliance with local laws, if and to the extent local laws are

applicable.

 

The Site is not tailored to comply with industry-specific regulations (Health Insurance

Portability and Accountability Act (HIPAA), Federal Information Security Management

Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may

not use this Site. You may not use the Site in a way that would violate the GrammLeach-Bliley Act (GLBA).

 

The Site is intended for users who are at least 13 years of age. All users who are

minors in the jurisdiction in which they reside (generally under the age of 18) must

have the permission of, and be directly supervised by, their parent or guardian to use

the Site. If you are a minor, you must have your parent or guardian read and agree to

these Terms of Use prior to you using the Site.

 

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code,

databases, functionality, software, website designs, audio, video, text, photographs,

and graphics on the Site (collectively, the “Content”) and the trademarks, service

marks, and logos contained therein (the “Marks”) are owned or controlled by us or

licensed to us, and are protected by copyright and trademark laws and various other

intellectual property rights and unfair competition laws of the United States,

international copyright laws, and international conventions. The Content and the

Marks are provided on the Site “AS IS” for your information and personal use only.

Except as expressly provided in these Terms of Use, no part of the Site and no

Content or Marks may be copied, reproduced, aggregated, republished, uploaded,

posted, publicly displayed, encoded, translated, transmitted, distributed, sold,

licensed, or otherwise exploited for any commercial purpose whatsoever, without our

express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to

access and use the Site and to download or print a copy of any portion of the Content

to which you have properly gained access solely for your personal, non-commercial

use. We reserve all rights not expressly granted to you in and to the Site, the Content

and the Marks.

 

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you

submit will be true, accurate, current, and complete; (2) you will maintain the

accuracy of such information and promptly update such registration information as

necessary; (3) you have the legal capacity and you agree to comply with these Terms

of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction

in which you reside, or if a minor, you have received parental permission to use the

Site; (6) you will not access the Site through automated or non-human means,

whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal

or unauthorized purpose; and (8) your use of the Site will not violate any applicable

law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete,

we have the right to suspend or terminate your account and refuse any and all

current or future use of the Site (or any portion thereof).

 

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password

confidential and will be responsible for all use of your account and password. We

reserve the right to remove, reclaim, or change a username you select if we

determine, in our sole discretion, that such username is inappropriate, obscene, or

otherwise objectionable.

 

5. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we

make the Site available. The Site may not be used in connection with any

commercial endeavors except those that are specifically endorsed or approved by

us.

 

As a user of the Site, you agree not to:

 

  • Systematically retrieve data or other content from the Site to create or compile,

directly or indirectly, a collection, compilation, database, or directory without

written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn

sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the

Site, including features that prevent or restrict the use or copying of any

Content or enforce limitations on the use of the Site and/or the Content

contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  • Use any information obtained from the Site in order to harass, abuse, or harm

another person.

  • Make improper use of our support services or submit false reports of abuse or

  • Use the Site in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Site.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,

or other material, including excessive use of capital letters and spamming

(continuous posting of repetitive text), that interferes with any party’s

uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,

alters, or interferes with the use, features, functions, operation, or maintenance

of the Site.

  • Engage in any automated use of the system, such as using scripts to send

comments or messages, or using any data mining, robots, or similar data

gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of

another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts

as a passive or active information collection or transmission mechanism,

including without limitation, clear graphics interchange formats (“gifs”), 1×1

pixels, web bugs, cookies, or other similar devices (sometimes referred to as

“spyware” or “passive collection mechanisms” or “pcms”).

  • Interfere with, disrupt, or create an undue burden on the Site or the networks

or services connected to the Site.

  • Harass, annoy, intimidate, or threaten any of our employees or agents

engaged in providing any portion of the Site to you.

  • Attempt to bypass any measures of the Site designed to prevent or restrict

access to the Site, or any portion of the Site.

  • Copy or adapt the Site’s software, including but not limited to Flash, PHP,

HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or

reverse engineer any of the software comprising or in any way making up a

part of the Site.

  • Except as may be the result of standard search engine or Internet browser

usage, use, launch, develop, or distribute any automated system, including

without limitation, any spider, robot, cheat utility, scraper, or offline reader that

accesses the Site, or using or launching any unauthorized script or other

  • Use a buying agent or purchasing agent to make purchases on the Site.

  • Make any unauthorized use of the Site, including collecting usernames and/or

email addresses of users by electronic or other means for the purpose of

sending unsolicited email, or creating user accounts by automated means or

under false pretenses.

  • Use the Site as part of any effort to compete with us or otherwise use the Site

and/or the Content for any revenue-generating endeavor or commercial

  • Use the Site to advertise or offer to sell goods and services.

  • Sell or otherwise transfer your profile.

 

6. USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the

opportunity to create, submit, post, display, transmit, perform, publish, distribute, or

broadcast content and materials to us or on the Site, including but not limited to text,

writings, video, audio, photographs, graphics, comments, suggestions, or personal

information or other material (collectively, "Contributions"). Contributions may be

viewable by other users of the Site and through third-party websites. As such, any

Contributions you transmit may be treated in accordance with the Site Privacy Policy.

When you create or make available any Contributions, you thereby represent and

warrant that:

 

  • The creation, distribution, transmission, public display, or performance, and the

accessing, downloading, or copying of your Contributions do not and will not

infringe the proprietary rights, including but not limited to the copyright, patent,

trademark, trade secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licenses, rights,

consents, releases, and permissions to use and to authorize us, the Site, and

other users of the Site to use your Contributions in any manner contemplated

by the Site and these Terms of Use.

  • You have the written consent, release, and/or permission of each and every

identifiable individual person in your Contributions to use the name or likeness

of each and every such identifiable individual person to enable inclusion and

use of your Contributions in any manner contemplated by the Site and these

Terms of Use.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unsolicited or unauthorized advertising, promotional

materials, pyramid schemes, chain letters, spam, mass mailings, or other

forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,

libelous, slanderous, or otherwise objectionable (as determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse

  • Your Contributions are not used to harass or threaten (in the legal sense of

those terms) any other person and to promote violence against a specific

person or class of people.

  • Your Contributions do not violate any applicable law, regulation, or rule.

  • Your Contributions do not violate the privacy or publicity rights of any third

  • Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-being of

  • Your Contributions do not include any offensive comments that are connected

to race, national origin, gender, sexual preference, or physical handicap.

  • Your Contributions do not otherwise violate, or link to material that violates, any

provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may

result in, among other things, termination or suspension of your rights to use the Site.

 

7. CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information

and personal data that you provide following the terms of the Privacy Policy and your

choices (including settings).

 

By submitting suggestions or other feedback regarding the Site, you agree that we

can use and share such feedback for any purpose without compensation to you.

 

We do not assert any ownership over your Contributions. You retain full ownership of

all of your Contributions and any intellectual property rights or other proprietary rights

associated with your Contributions. We are not liable for any statements or

representations in your Contributions provided by you in any area on the Site. You

are solely responsible for your Contributions to the Site and you expressly agree to

exonerate us from any and all responsibility and to refrain from any legal action

against us regarding your Contributions.

 

8. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a

review, you must comply with the following criteria: (1) you should have firsthand

experience with the person/entity being reviewed; (2) your reviews should not contain

offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews

should not contain discriminatory references based on religion, race, gender, national

origin, age, marital status, sexual orientation, or disability; (4) your reviews should not

contain references to illegal activity; (5) you should not be affiliated with competitors if

posting negative reviews; (6) you should not make any conclusions as to the legality

of conduct; (7) you may not post any false or misleading statements; and (8) you may

not organize a campaign encouraging others to post reviews, whether positive or

negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely

no obligation to screen reviews or to delete reviews, even if anyone considers

reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not

necessarily represent our opinions or the views of any of our affiliates or partners. We

do not assume liability for any review or for any claims, liabilities, or losses resulting

from any review. By posting a review, you hereby grant to us a perpetual, nonexclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and

license to reproduce, modify, translate, transmit by any means, display, perform,

and/or distribute all content relating to reviews.

 

9. MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, nonexclusive, non-transferable, limited right to install and use the mobile application on

wireless electronic devices owned or controlled by you, and to access and use the

mobile application on such devices strictly in accordance with the terms and

conditions of this mobile application license contained in these Terms of Use. You

shall not: (1) except as permitted by applicable law, decompile, reverse engineer,

disassemble, attempt to derive the source code of, or decrypt the application; (2)

make any modification, adaptation, improvement, enhancement, translation, or

derivative work from the application; (3) violate any applicable laws, rules, or

regulations in connection with your access or use of the application; (4) remove, alter,

or obscure any proprietary notice (including any notice of copyright or trademark)

posted by us or the licensors of the application; (5) use the application for any

revenue generating endeavor, commercial enterprise, or other purpose for which it is

not designed or intended; (6) make the application available over a network or other

environment permitting access or use by multiple devices or users at the same time;

(7) use the application for creating a product, service, or software that is, directly or

indirectly, competitive with or in any way a substitute for the application; (8) use the

application to send automated queries to any website or to send any unsolicited

commercial e-mail; or (9) use any proprietary information or any of our interfaces or

our other intellectual property in the design, development, manufacture, licensing, or

distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the

Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the

license granted to you for our mobile application is limited to a non-transferable

license to use the application on a device that utilizes the Apple iOS or Android

operating systems, as applicable, and in accordance with the usage rules set forth in

the applicable App Distributor’s terms of service; (2) we are responsible for providing

any maintenance and support services with respect to the mobile application as

specified in the terms and conditions of this mobile application license contained in

these Terms of Use or as otherwise required under applicable law, and you

acknowledge that each App Distributor has no obligation whatsoever to furnish any

maintenance and support services with respect to the mobile application; (3) in the

event of any failure of the mobile application to conform to any applicable warranty,

you may notify the applicable App Distributor, and the App Distributor, in accordance

with its terms and policies, may refund the purchase price, if any, paid for the mobile

application, and to the maximum extent permitted by applicable law, the App

Distributor will have no other warranty obligation whatsoever with respect to the

mobile application; (4) you represent and warrant that (i) you are not located in a

country that is subject to a U.S. government embargo, or that has been designated

by the U.S. government as a “terrorist supporting” country and (ii) you are not listed

on any U.S. government list of prohibited or restricted parties; (5) you must comply

with applicable third-party terms of agreement when using the mobile application,

e.g., if you have a VoIP application, then you must not be in violation of their wireless

data service agreement when using the mobile application; and (6) you acknowledge

and agree that the App Distributors are third-party beneficiaries of the terms and

conditions in this mobile application license contained in these Terms of Use, and

that each App Distributor will have the right (and will be deemed to have accepted

the right) to enforce the terms and conditions in this mobile application license

contained in these Terms of Use against you as a third-party beneficiary thereof.

 

10. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas,

feedback, or other information regarding the Site ("Submissions") provided by you to

us are non-confidential and shall become our sole property. We shall own exclusive

rights, including all intellectual property rights, and shall be entitled to the unrestricted

use and dissemination of these Submissions for any lawful purpose, commercial or

otherwise, without acknowledgment or compensation to you. You hereby waive all

moral rights to any such Submissions, and you hereby warrant that any such

Submissions are original with you or that you have the right to submit such

Submissions. You agree there shall be no recourse against us for any alleged or

actual infringement or misappropriation of any proprietary right in your Submissions.

 

11. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain

areas of the Site, such as sidebar advertisements or banner advertisements. If you

are an advertiser, you shall take full responsibility for any advertisements you place

on the Site and any services provided on the Site or products sold through those

advertisements. Further, as an advertiser, you warrant and represent that you

possess all rights and authority to place advertisements on the Site, including, but not

limited to, intellectual property rights, publicity rights, and contractual rights. We

simply provide the space to place such advertisements, and we have no other

relationship with advertisers.

 

12. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of

these Terms of Use; (2) take appropriate legal action against anyone who, in our sole

discretion, violates the law or these Terms of Use, including without limitation,

reporting such user to law enforcement authorities; (3) in our sole discretion and

without limitation, refuse, restrict access to, limit the availability of, or disable (to the

extent technologically feasible) any of your Contributions or any portion thereof; (4) in

our sole discretion and without limitation, notice, or liability, to remove from the Site or

otherwise disable all files and content that are excessive in size or are in any way

burdensome to our systems; and (5) otherwise manage the Site in a manner

designed to protect our rights and property and to facilitate the proper functioning of

the Site.

 

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy

Policy: https://www.taharajewelry.com/privacypolicy. By using the Site, you agree

to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Please be advised the Site is hosted in the United States. If you access the Site from

any other region of the world with laws or other requirements governing personal

data collection, use, or disclosure that differ from applicable laws in the United

States, then through your continued use of the Site, you are transferring your data to

the United States, and you agree to have your data transferred to and processed in

the United States. Further, we do not knowingly accept, request, or solicit information

from children or knowingly market to children. Therefore, in accordance with the U.S.

Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone

under the age of 13 has provided personal information to us without the requisite and

verifiable parental consent, we will delete that information from the Site as quickly as

is reasonably practical.

 

14. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE

RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE

OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING

BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR

FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS

OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE

YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT

AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,

WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from

registering and creating a new account under your name, a fake or borrowed name,

or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take

appropriate legal action, including without limitation pursuing civil, criminal, and

injunctive redress.

 

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any

time or for any reason at our sole discretion without notice. However, we have no

obligation to update any information on our Site. We also reserve the right to modify

or discontinue all or part of the Site without notice at any time. We will not be liable to

you or any third party for any modification, price change, suspension, or

discontinuance of the Site.

 

We cannot guarantee the Site will be available at all times. We may experience

hardware, software, or other problems or need to perform maintenance related to the

Site, resulting in interruptions, delays, or errors. We reserve the right to change,

revise, update, suspend, discontinue, or otherwise modify the Site at any time or for

any reason without notice to you. You agree that we have no liability whatsoever for

any loss, damage, or inconvenience caused by your inability to access or use the

Site during any downtime or discontinuance of the Site. Nothing in these Terms of

Use will be construed to obligate us to maintain and support the Site or to supply any

corrections, updates, or releases in connection therewith.

 

16. GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in

accordance with the laws of the State of New Jersey applicable to agreements made

and to be entirely performed within the State of New Jersey, without regard to its

conflict of law principles.

 

17. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim

related to these Terms of Use (each "Dispute" and collectively, the “Disputes”)

brought by either you or us (individually, a “Party” and collectively, the “Parties”), the

Parties agree to first attempt to negotiate any Dispute (except those Disputes

expressly provided below) informally for at least thirty (30) days before initiating

arbitration. Such informal negotiations commence upon written notice from one Party

to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the

Dispute (except those Disputes expressly excluded below) will be finally and

exclusively resolved through binding arbitration. YOU UNDERSTAND THAT

WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT

AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted

under the Commercial Arbitration Rules of the American Arbitration Association

("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer

Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA

website: www.adr.org. Your arbitration fees and your share of arbitrator compensation

shall be governed by the AAA Consumer Rules and, where appropriate, limited by

the AAA Consumer Rules. If such costs are determined by the arbitrator to be

excessive, we will pay all arbitration fees and expenses. The arbitration may be

conducted in person, through the submission of documents, by phone, or online. The

arbitrator will make a decision in writing, but need not provide a statement of reasons

unless requested by either Party. The arbitrator must follow applicable law, and any

award may be challenged if the arbitrator fails to do so. Except where otherwise

required by the applicable AAA rules or applicable law, the arbitration will take place

in Essex County, New Jersey. Except as otherwise provided herein, the Parties may

litigate in court to compel arbitration, stay proceedings pending arbitration, or to

confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall

be commenced or prosecuted in the state and federal courts located in Essex

County, New Jersey, and the Parties hereby consent to, and waive all defenses of

lack of personal jurisdiction, and forum non conveniens with respect to venue and

jurisdiction in such state and federal courts. Application of the United Nations

Convention on Contracts for the International Sale of Goods and the Uniform

Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

 

If this provision is found to be illegal or unenforceable, then neither Party will elect to

arbitrate any Dispute falling within that portion of this provision found to be illegal or

unenforceable, and such Dispute shall be decided by a court of competent

jurisdiction within the courts listed for jurisdiction above, and the Parties agree to

submit to the personal jurisdiction of that court.

 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the

Parties individually. To the full extent permitted by law, (a) no arbitration shall be

joined with any other proceeding; (b) there is no right or authority for any Dispute to

be arbitrated on a class-action basis or to utilize class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported

representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions

concerning informal negotiations and binding arbitration: (a) any Disputes seeking to

enforce or protect, or concerning the validity of, any of the intellectual property rights

of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,

invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this

provision is found to be illegal or unenforceable, then neither Party will elect to

arbitrate any Dispute falling within that portion of this provision found to be illegal or

unenforceable and such Dispute shall be decided by a court of competent jurisdiction

within the courts listed for jurisdiction above, and the Parties agree to submit to the

personal jurisdiction of that court.

 

18. CORRECTIONS

There may be information on the Site that contains typographical errors,

inaccuracies, or omissions, including descriptions, pricing, availability, and various

other information. We reserve the right to correct any errors, inaccuracies, or

omissions and to change or update the information on the Site at any time, without

prior notice.

 

19. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE

THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE

RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL

WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND

YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE

SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE

AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY

UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR

ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION

STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF

TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN

HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE

SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY

CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND

INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,

TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT

WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY

PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY

THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR

MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,

AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR

MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY

PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A

PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,

YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE

APPROPRIATE.

 

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE

LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE

DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR

OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and employees, from

and against any loss, damage, liability, claim, or demand, including reasonable

attorneys’ fees and expenses, made by any third party due to or arising out of: (1)

use of the Site; (2) breach of these Terms of Use; (3) any breach of your

representations and warranties set forth in these Terms of Use; (4) your violation of

the rights of a third party, including but not limited to intellectual property rights; or (5)

any overt harmful act toward any other user of the Site with whom you connected via

the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to

assume the exclusive defense and control of any matter for which you are required to

indemnify us, and you agree to cooperate, at your expense, with our defense of such

claims. We will use reasonable efforts to notify you of any such claim, action, or

proceeding which is subject to this indemnification upon becoming aware of it.

 

22. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of

managing the performance of the Site, as well as data relating to your use of the Site.

Although we perform regular routine backups of data, you are solely responsible for

all data that you transmit or that relates to any activity you have undertaken using the

Site. You agree that we shall have no liability to you for any loss or corruption of any

such data, and you hereby waive any right of action against us arising from any such

loss or corruption of such data.

 

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,

AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic

communications. You consent to receive electronic communications, and you agree

that all agreements, notices, disclosures, and other communications we provide to

you electronically, via email and on the Site, satisfy any legal requirement that such

communication be in writing. 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 BY US OR VIA THE SITE. You

hereby waive any rights or requirements under any statutes, regulations, rules,

ordinances, or other laws in any jurisdiction which require an original signature or

delivery or retention of non-electronic records, or to payments or the granting of

credits by any means other than electronic means.

 

24. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint

Assistance Unit of the Division of Consumer Services of the California Department of

Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,

California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

25. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in

respect to the Site constitute the entire agreement and understanding between you

and us. Our failure to exercise or enforce any right or provision of these Terms of Use

shall not operate as a waiver of such right or provision. These Terms of Use operate

to the fullest extent permissible by law. We may assign any or all of our rights and

obligations to others at any time. We shall not be responsible or liable for any loss,

damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be

unlawful, void, or unenforceable, that provision or part of the provision is deemed

severable from these Terms of Use and does not affect the validity and enforceability

of any remaining provisions. There is no joint venture, partnership, employment or

agency relationship created between you and us as a result of these Terms of Use or

use of the Site. You agree that these Terms of Use will not be construed against us

by virtue of having drafted them. You hereby waive any and all defenses you may

have based on the electronic form of these Terms of Use and the lack of signing by

the parties hereto to execute these Terms of Use.

 

26. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information

regarding use of the Site, please contact us at:

East Rutherford Jewelry Exchange LLC

628 Valley Rd

Upper Montclair, NJ 07043

United States

Phone: 2015070009

info@taharajewelry.com