Jewelry Testers Club Membership Offer Terms
ABOUT THE MEMBERSHIP
After signing up for the Jewelry Testers Club Membership you will be shipped one (1) Gold Crate.
Gold Crates contain some personalized Picks chosen for you by your Personal Jeweler. They also may contain promotional “Free” items for you to keep free of any obligations or charges. You may also be able to select particular items to be included in your Gold Crate.
When you receive your Gold Crate, you will be able to try your Jeweler Picks on for a Testing Period of 7 days to see what you like. By the seventh day, you can decide to keep all, some, or none of the Products in the shipment.
Each Jeweler Pick will have a price listed inside your Gold Crate, and we will only charge you for the items you keep. If you like all of it, you’ll be able to “Buy All” for an even bigger discount.
You will not be charged for any products you return within seven days of receiving your Gold Crate. To make a return simply place the Pick(s) in the same package in which we shipped the Gold Crate and mail them back to us using the included prepaid shipping label. Then, to finalize the return, you must complete the Return Form sent to you by your personal Jeweler. Return Fees and/or Late Fees may apply. Read the Returns section for more information.
Your membership will continue to renew monthly until cancelled. After your membership renews each month, you will be shipped another Gold Crate until cancelled.
Any Products sent back must be postmarked no later than seven (7) days after you receive the package (the “Testing Period”) and must be in the original condition.
In the event that we do not receive a return shipment or Return Form for three (3) weeks after you have received the Gold Crate, we will assume that you have chosen to keep the entire contents of the Crate, and you will be charged the “Buy All” total.
Any exceptions permitting a return postmarked later than the end of the Testing Period must be requested in a timely manner and may be granted at the sole discretion of Gold Crate Jewelry. A Late Fee of up to 50% of a product’s purchase price may apply in the event of an exception to our Return Policy.
In the event that you choose to return every Jeweler Pick in a Gold Crate, you may be charged a Return Fee of $6.99 plus applicable taxes.
Pricing and Billing
Gold Crate Jewelry does not disclose the prices of its Jeweler Picks until you receive a Gold Crate. You are responsible for paying for all Products in your Gold Crate, whether they conform to your Style Preferences or not, unless you return the Products in accordance with our policies. You are also responsible for state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes.
Prior to shipping you a Gold Crate, we will charge you a nonrefundable “Shipping Fee” in the amount set forth on the Services. The Shipping Fee will be charged to your credit card or other payment method between the time the order is placed and the time we ship your Gold Crate.
If you choose to keep Products from your Gold Crate, the Shipping Fee will be credited towards the purchase price of those Products.
By renewing your membership, you agree that we may charge the Shipping Fee to the card or other payment method on file on a recurring basis according to the frequency you selected until you cancel your Membership.
Gold Crate Jewelry General Terms and Conditions of Use
THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) GOVERN YOUR USE OF THE SERVICES, DEFINED BELOW IN II ¶ 1, AND YOUR RELATIONSHIP WITH Wayve LLC (Doing business as Gold Crate Jewelry) ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND AFFILIATES (“WE,” “OUR,” “US,” OR “Gold Crate Jewelry”).
THE FOLLOWING TERMS ARE SUBJECT TO ARBITRATION.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site or the Services.
Notice of Agreement to Arbitrate and Class Action Waiver
By accepting these Terms, you agree to resolve any dispute with us on an individual basis in arbitration, and to waive any right to pursue a class action or suit in court, except in matters that may be pursued on an individual basis in your local small claims court.
- ABOUT THE SERVICES
- 1. Services. These Terms describe the terms and conditions on which you may access and use the Gold Crate Jewelry website located at goldcratejewelry.com (the “Site”), the Gold Crate Jewelry mobile app (the “App”), the Gold Crate Jewelry mobile site (the “Mobile Site”), and related services (together with the Site, the App, the Mobile Site, and the Gold Crate Jewelry Content, as defined below, the “Services”). These Terms also apply to in-store sales, whether at Gold Crate Jewelry’s showroom or other Gold Crate Jewelry controlled venue, if any, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
- Changes in Contract Terms. We reserve the right to change the Terms on which we offer the Services, including adding new terms or deleting existing ones. If we make any material changes, we will give you reasonable and appropriate notice regarding the change. If you do not accept our changed Terms, you always have the right to cancel your use of the Services at any time. If you wish to cancel your use of the Services, please contact email@example.com. If you notify us that you do not accept our Terms, we may cancel your access to or use of the Services (as provided in section III Paragraph 6 below), as we cannot offer Services to different customers on different terms, among other reasons. If you elect not to cancel your use of the Services, your continued use of the Services constitutes acceptance of the changed Terms.
- Mobile Use. To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
- SMS. You may opt in to receive promotional texts from Gold Crate Jewelry on our Services or through your mobile device. Message and data rates may apply.
By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Message frequency may be weekly or monthly.
To stop receiving promotional text messages from Gold Crate Jewelry, you can opt out on our Services, reply STOP to any promotion text message, or text STOP to 8052279512 to stop receiving Gold Crate Jewelry promotional messages. For additional information, text HELP to 8052279512 or call 8052279512 or firstname.lastname@example.org.
- Participating Carriers. The following carriers participate in Gold Crate Jewelry’s SMS program: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, 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). Please note, T-Mobile is not liable for delayed or undelivered messages.
- Limitations to Use of the Services. Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any clothing or accessories (“Products”) via the Services without parental consent. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the purchase of any Products, including all legal liability he or she may incur.
III. USE OF Gold Crate Jewelry SERVICES
- Licenses. Subject to the Terms, Gold Crate Jewelry hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for your personal use and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Gold Crate Jewelry in advance and in writing. Subject to the terms of these Terms, Gold Crate Jewelry also grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control. In case of breach of the Terms, Gold Crate Jewelry reserves its right to revoke the licenses granted in this paragraph without notice to you, in addition to any other available remedy.”
- Replication/Distribution. Except as permitted in the paragraph above, you may not (and may not attempt to or permit any third party to) reproduce, distribute, display, rent, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, derive the source code for, interfere with or otherwise exploit the Services or any portion or component thereof or access thereto unless expressly permitted by Gold Crate Jewelry in writing. You may not make any commercial use of any of the information provided through our Services or make any use of our Services for the benefit of another business unless explicitly permitted by Gold Crate Jewelry in advance and in writing.
- Use of Content on Services
- Gold Crate Jewelry Content. All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“Gold Crate Jewelry Content”) is available to you on an “as is” basis and is to be used for general information purposes only. We may update the Gold Crate Jewelry Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please contact Customer Care. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner.
- 3rd Party Content. The Services may contain links or references to non-Gold Crate Jewelry websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Gold Crate Jewelry is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Gold Crate Jewelry, and Gold Crate Jewelry has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Gold Crate Jewelry endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
- Acceptable Use. No part of the Services, including the Gold Crate Jewelry Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Gold Crate Jewelry authorizes you to view, copy, download, and print Gold Crate Jewelry Content (such as press releases and FAQs) that is available on the Services, provided that: (a) you use the Gold Crate Jewelry Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Gold Crate Jewelry Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Gold Crate Jewelry Content. You may not use the Services to: (i) transmit any content, information or other materials that are, or which Gold Crate Jewelry considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; (vii) impersonate any other person, including but not limited to, a Gold Crate Jewelry representative; (viii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’’s consent in case of a child); (ix) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (x) violate any applicable local, state, national or international laws or regulations.
- Use of Your Content. If you voluntarily post, upload or make available to Gold Crate Jewelry or the Services, or otherwise voluntarily submit to or through Gold Crate Jewelry as part of your use of the Services, including the Site or App, reviews or photos relating to your use of the Products (“Your Content”), you hereby grant to Gold Crate Jewelry a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity.. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Gold Crate Jewelry to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
- Email Registration. Access to parts of the Services requires the creation of a user account, including a password that you choose upon registration. You should ensure to choose a strong password and to modify it regularly. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. Each time that your password or identification is used, you will be deemed to be authorized to access and use the Services in a manner consistent with the Terms, and Gold Crate Jewelry has no obligation to investigate the authorization or source of any such access or use of the Services. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify Gold Crate Jewelry promptly of any unauthorized use of your account or password or any other breach or threatened breach of the Services’ security.
- Access Restriction. Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. Gold Crate Jewelry may also terminate your account if Gold Crate Jewelry determines that your conduct poses a risk or liability to Gold Crate Jewelry, or for any other reason as determined by Gold Crate Jewelry in its sole discretion.
- Indemnification. By using the Services, you agree to indemnify, hold harmless and defend Gold Crate Jewelry and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms
- Careers. Gold Crate Jewelry may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment.
- Electronic Communications. When you use any of the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the Mobile Site or App, and you can retain copies of these communications for your records. As a registered user of Gold Crate Jewelry, you agree to receive emails promoting any special offer(s), including third party offers. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may adjust your email preferences (or unsubscribe from email communications) by clicking the “unsubscribe” link at the bottom of any newsletter we’ve sent or by adjusting your preferences under the “Notifications” tab of “My Account” on the Site. If you have any questions or require further assistance, please contact us by telephone at 1.800.433.2367 Monday – Sunday 8:30 a.m. – 8:30 p.m. (EST) or by email at Help@Goldcratejewelry.com and our agents will assist you to change your account settings and/or disable your account.
- SALE OF PRODUCTS
- General Conditions. The Services include the sale of Products. This Section sets out terms and conditions that apply to your purchase of any Product.
- Limits. You acknowledge and agree that we may place limits on the purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit sales of Products for any reason, including but not limited to availability concerns.
- Collections. If you do not pay the amounts you owe to Gold Crate Jewelry when due, then Gold Crate Jewelry will need to institute collection procedures. You agree to pay Gold Crate Jewelry’s costs of collection, including, without limitation, reasonable attorneys’ fees.
- No Commitment. By registering your email, you’ll have access to a personal showroom which is updated monthly with a curated selection of bras, lingerie, sleepwear and more, tailored just for you. There is no obligation to buy anything in your showroom or on the Site. Gold Crate Jewelry cannot guarantee that a selection available in a particular month will be available in any subsequent month.
- Limited Warranty. We will deliver the Products you ordered, including the specified size, color and design, except in the rare event that the Product is unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any one Product available on our Services to replace the unavailable Product. If we are unable to reach you, your order will be cancelled. Gold Crate Jewelry has made every effort to display as accurately as possible the colors of the products that appear on the Services. However, Gold Crate Jewelry cannot guarantee that your computer monitor’s or mobile device’s display of any color will be accurate. Gold Crate Jewelry’s liability to you for failure to comply with any of the limited warranties encapsulated in this section is limited to timely delivery of Product conforming to the warranties or a refund of the store credits actually collected for your VIP Membership in the month immediately preceding Gold Crate Jewelry’s failure to comply (excluding delivery charges) as determined by Gold Crate Jewelry.
- All Sales As Is. The services and products are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use. THIS DISCLAIMER DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.
- Purchase Price. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges (if applicable) listed on the Site or App in connection with your purchase of the Products. Purchase Price is as listed on the Site at the time of purchase, and is subject to change. All prices on the Gold Crate Jewelry Services are listed in U.S. Dollars. Gold Crate Jewelry is not responsible for fluctuations in the currency exchange rates against the U.S. Dollar that may affect the value of international customers’ purchases. Gold Crate Jewelry reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you authorize Gold Crate Jewelry to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Unless otherwise provided in these Terms, to the extent items purchased on Gold Crate Jewelry are subject to tax, such tax will be applied to the Purchase Price, less applicable savings, as required by law.
- Payment by Credit Card. For your convenience, your credit or debit card information will be saved after your first purchase. That method of payment will apply to all future purchases, unless you notify us online or through Customer Care. We accept the following credit cards at this time: VISA, MasterCard and Discover Card. Please note, we do not accept pre-paid debit or credit cards for use in connection with the VIP Membership Program. To maintain uninterrupted benefits on the Services, please update your credit or debit card to reflect your current account information. Please note that by continuing to use the Services, including your enrollment in the VIP program, you authorize us to bill the payment method on file, including after its expiration date, until we are notified by you or your bank or financial institution that the account is no longer valid. For members of the VIP Program, for security reasons, a one cent fee may be applied to your credit card each month when your box is shipped.
- Payment with Store Credits. Store credits may be used to purchase any product offered through the Services. Store credits never expire. If the balance of store credit in your account is not sufficient to cover the purchase price of an order, you may supplement your store credit using a credit or debit card. For security reasons, a one cent fee per transaction may be applied to your credit card when you use store credit. Other fees, such as international shipping, processing fees, and taxes, if applicable, are additional, and cannot be paid with store credits.
- Cancellations. You may cancel your order in the 30 minutes following your purchase through the “My Account” dashboard. Gold Crate Jewelry strives to ship orders swiftly and efficiently; once placed, orders are immediately transferred to our warehouse to be fulfilled. Accordingly, we are unable to cancel orders more than 30 minutes after an order is placed. Items may be returned or exchanged in accordance with Gold Crate Jewelry’s return policy. Please contact us at email@example.com for more information.
- SPECIAL PROGRAMS
- General. Gold Crate Jewelry provides certain special programs, as described under this Section.
- Gold Crate Jewelry reserves the right to add, remove or modify special program benefits at any time, but we will use reasonable efforts to notify you of any material changes. You may always unsubscribe from a special program at any time. Upon your request, store credits accumulated in connection with a Special Program, including the VIP Membership program, which are posted to your account are refundable for a period of 1 year after their posting. Any increases in fees that we introduce will apply to subsequent subscription renewal periods. YOUR CONTINUED PROGRAM SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
- Failure to Comply with VIP Membership Terms. We reserve the right to pursue any amounts you fail to pay in connection with any special program in accordance with these Terms.
- Termination. We may terminate any of the special programs, or your membership in any of these programs, at any time. If we do so, we will notify you concerning the membership and any benefits accrued in your account in connection with your membership.
- Shopping Options. There currently are three ways to shop for Gold Crate Jewelry’s services on the Site, Mobile Site, and App: you may choose Single Purchase option (“Single Purchase”), or you may choose to join either of our flexible Memberships (“Memberships”) which include VIP (“VIP”) (collectively, the “VIP Programs”), and Jewelry Testers Club. The following two sections apply to both Memberships
- Cancelling/Unsubscribing. We will do everything to make your VIP membership as satisfying as possible; however, you are free to cancel your membership or unsubscribe from our mailings any time by going to https://goldcratejewelry.com/pages/contact-us or by sending a text to a jeweler representative. Please note, by cancelling your membership you forfeit your store credit.
- Gold Crate Jewelry reserves the right to terminate or freeze your VIP membership, without notice to you, at its sole discretion for conduct we believe violates our policies, is harmful to others, or is harmful to our interests.
- Jewelry Testers Club. After signing up for the Jewelry Testers Club Membership you will be shipped one (1) Gold Crate. Gold Crates contain some personalized Picks chosen for you by your Personal Jeweler. They also may contain promotional “Free” items for you to keep free of any obligations or charges. You may also be able to select particular items to be included in your Gold Crate. When you receive your Gold Crate, you will be able to try your Jeweler Picks on for a Testing Period of 7 days to see what you like. By the seventh day, you can decide to keep all, some, or none of the Products in the shipment.Each Jeweler Pick will have a price listed inside your Gold Crate, and we will only charge you for the items you keep. If you like all of it, you’ll be able to “Buy All” for an even bigger discount. You will not be charged for any products you return within seven days of receiving your Gold Crate. To make a return simply place the Pick(s) in the same package in which we shipped the Gold Crate and mail them back to us using the included prepaid shipping label. Then, to finalize the return, you must complete the Return Form sent to you by your personal Jeweler. Return Fees and/or Late Fees may apply. Read the Returns section for more information. Your membership will continue to renew monthly until cancelled. After your membership renews each month, you will be shipped another Gold Crate until cancelled.
- Returns Policy. Any Products sent back must be postmarked no later than seven (7) days after you receive the package (the “Testing Period”) and must be in the original condition. In the event that we do not receive a return shipment or Return Form for three (3) weeks after you have received the Gold Crate, we will assume that you have chosen to keep the entire contents of the Crate, and you will be charged the “Buy All” total. Any exceptions permitting a return postmarked later than the end of the Testing Period must be requested in a timely manner and may be granted at the sole discretion of Gold Crate Jewelry. A Late Fee of up to 50% of a product’s purchase price may apply in the event of an exception to our Return Policy. In the event that you choose to return every Jeweler Pick in a Gold Crate, you may be charged a Return Fee of $6.99 plus applicable taxes.
- Pricing and Billing. Gold Crate Jewelry does not disclose the prices of its Jeweler Picks until you receive a Gold Crate. You are responsible for paying for all Products in your Gold Crate, whether they conform to your Style Preferences or not, unless you return the Products in accordance with our policies. You are also responsible for state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. Prior to shipping you a Gold Crate, we will charge you a nonrefundable “Shipping Fee” in the amount set forth on the Services. The Shipping Fee will be charged to your credit card or other payment method between the time the order is placed and the time we ship your Gold Crate. If you choose to keep Products from your Gold Crate, the Shipping Fee will be credited towards the purchase price of those Products. By renewing your membership, you agree that we may charge the Shipping Fee to the card or other payment method on file on a recurring basis according to the frequency you selected until you cancel your Membership.
- Gift Cards.
- As of 12:00:00 AM EST on October 7, 2018, all outstanding Gift Cards issued before or after that date, including store credits replaced with an electronic Gift Card as described above, are issued by and represent solely the obligation of Wayve LLC. Wayve LLC. and its subsidiaries and affiliates (other than Wayve LLC) bear no responsibility or liability for any Gift Cards as of 12:00:00 AM EST on October 7, 2018, and you hereby knowingly release Wayve LLC. and its subsidiaries and affiliates (other than Wayve LLC) from any and all liability or claims of any nature whatsoever arising in connection with the Gift Cards.
- Redemption. Gift Cards may only be redeemed for the purchase of merchandise or in a participating Gold Crate Jewelry retail store. Redeeming a Gift Card for an item available on our Services shall entitle the user to any applicable rewards. Gift Cards never expire. Gift cards have no cash value and may not be redeemed for cash (except as otherwise required by law). Please contact our firstname.lastname@example.org if you have any questions about the redemption or use of a Gift Card.
- Expiration/Fees. Gift Cards never expire. No fees for inactivity or service fees apply to any Gift Cards. However, Gold Crate Jewelry reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
- Balance Inquiry. Information regarding the balance of your Gift Card is available by contacting Customer Care or by calling 1.800.433.2367. The balance you receive when inquiring is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
- No Refunds. No refunds are permitted with respect to the Gift Cards; all sales are final.
- Risk of Loss; Lost, Damaged, or Stolen Gift Cards. The value of any lost, damaged or stolen Gift Cards will not be replaced. With respect to mailed Gift Cards, ownership and risk of loss of Gift Cards passes to the recipient as soon as the Gift Card is delivered to the designated carrier.
- Resale Prohibited. You may not sell a Gift Card or otherwise barter for its exchange. However, you may transfer a Gift Card to another person for no monetary consideration (e.g., as a gift).
- Maximum Value. You may not purchase any single Gift Card with a value of more than $200. Moreover, you may not purchase multiple Gift Cards with a total value of more than $1,000 in any one day.
- Limitation of Liability. Gold Crate Jewelry MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND Gold Crate Jewelry’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
- Fraud/Violation of Terms. Gold Crate Jewelry reserves the right to refuse to honor, or to suspend or deactivate a Gift Card where Gold Crate Jewelry suspects that the Gift Card was obtained fraudulently, in violation of these Terms, or in violation of applicable laws or other applicable Gold Crate Jewelry terms and conditions.
- Contests. From time to time Gold Crate Jewelry may offer promotions in connection with the downloading of its App from mobile app stores and/or the signing up to receive SMS. Full contest rules (“Official Rules”) follow:
- NO PURCHASE NECESSARY TO ENTER OR WIN.
- HOW TO ENTER: Beginning on the first day of each month at 12:00am EST and until the last day of each month at 11:59pm EST, download the Gold Crate Jewelry app from the App Store on your mobile device to be entered for one chance to win. Alternatively, enter your mobile phone number into the Gold Crate Jewelry Services as prompted and agree to receive SMS for a chance to win. Only two entries are permitted per user. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.
- ELIGIBILITY: Open to residents of the 50 United States and D.C., and Canada, 18 years of age and older as of June 1, 2019. Void where prohibited.
- DRAWING: A random drawing will be conducted on or about the end of each month by Wayve LLC. (“Sponsor”) to select the winner from among all eligible entries received. Odds of winning depend on the number of entries received. Potential winner will be notified by email and must sign and return any required Affidavit of Eligibility and Release within 7 days of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of prize and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. All income taxes resulting from acceptance of prize are the responsibility of winner. By entering this sweepstakes, entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters. Acceptance of a prize also constitutes permission to the Promotion Parties to use winner’’s name for marketing purposes without further compensation or right of approval, unless prohibited by law. All federal and state laws apply.
- LIMITATION OF LIABILITY: By entering the sweepstakes, entrants waive all right to, and hold the Sponsor harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys’’ fees) arising out of or in connection with participation in this sweepstakes or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Sponsor will not be responsible for: late, incomplete, or incorrect entries; an entrant’’s failure to receive prize notices due to entrant’’s spam, junk e-mail, or other security settings or for entrants’’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this sweepstakes; by any human error which may occur in the processing of the entries in the sweepstakes; or any typographical, technological, or other error in the publishing of the offer, administration of the sweepstakes, or announcement of the prize. If, in the Sponsor’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the sweepstakes, or if technical difficulties (including viruses and bugs) compromise the integrity of the sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel or modify the sweepstakes in a manner deemed appropriate. In the event of termination, winners will be selected from among all eligible entries received as of the date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online entry form.
- PRIZE: Total prize value: $500 electronic voucher for use at www.goldcratejewelry.com. Limit one prize per family or household. No substitution or transfer of prize permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater value , and/or not to choose a winner in any given month.
- CHOICE OF LAW AND FORUM: Entrant agrees that all matters arising out of or relating to the sweepstakes and these Official Rules are governed by, and construed in accordance with, the laws of New York, without giving effect to any of its conflict of laws provisions. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to the sweepstakes and these Official Rules shall be brought exclusively in the applicable federal or state courts located in New York, NY.
- SPONSOR: Wayve LLC. 16 E. 34th Street, 14th Floor, NY NY 10016
- Emails and Notifications. We want your experience with the Gold Crate Jewelry Services to be as enjoyable as possible. If you wish to change your email subscription preferences, including unsubscribe from emails or opt out of text messages, please visit the “Notification” section of “Your Account” on the Site, where you can adjust the frequency and type of communications you receive from us. If you have any questions or require further assistance, please contact us by telephone at 1.800.433.2367 Monday – Sunday 8:30 a.m. – 8:30 p.m. (EST) or by email at Help@Goldcratejewelry.com and our agents will assist you to change your account settings and/or disable your account.
- Shipping. Gold Crate Jewelry offers free shipping, free exchanges, and easy returns to and from addresses within the U.S. Gold Crate Jewelry offers free shipping to Canadian and Australian customers for their first order as a VIP Member; all subsequent purchases as a VIP Member and all purchases made through the Single Purchase program and will be shipped to Canada at the flat rate of $5.95 and Australia at a flat rate of $6.95. All purchases from the U.K., Singapore, New Zealand, Mexico, the United Arab Emirates, and Saudi Arabia are subject to $6.95 shipping and return fees. Products sold to customers in Singapore, New Zealand, Mexico, the United Arab Emirates, and Saudi Arabia are final sale and cannot be returned or exchanged. Customers in the U.K., Australia, Canada, and the U.S. may exchange products at no additional cost. Customers bear sole responsibility for all required customs fees and import tariffs applied to all non-US orders.
- All deliveries will be made through Gold Crate Jewelry’s shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of Gold Crate Jewelry.
- The risk of loss and title for items purchased by you pass to you upon Gold Crate Jewelry’s delivery of the items to the carrier pursuant to the Gold Crate Jewelry’s Shipping, Return and Exchange Policies. If your package has not arrived by the designated time, please contact our Customer Care department for help tracking your package and if necessary, placing a replacement order.
- Exchanges. We will accept exchanges of new, unworn items within thirty (30) days of delivery for products sold to customers in the U.S., Canada, and the U.K.. As soon as you initiate an exchange on our Services we will send you a voucher for each item you wish to exchange to purchase any one item then available on our Services. The originally purchased item(s) must be returned to our warehouse within thirty (30) days of delivery. If we do not receive the originally purchased item(s) for which you have requested an exchange within thirty (30) days, you will be liable for the full cost of the exchange. You are entitled to make up to three (3) exchanges of an original purchase, after which the item can no longer be exchanged or refunded. Final sale items may be exchanged only for a different size of the same style while supplies lasts. There is no exchange possible on any merchandise given away for free during a promotional operation. Please visit Gold Crate Jewelry’s Shipping, Return and Exchange Policies for additional information about our return policy.
- Returns for Store Credit. We will accept returns of new, unworn items within 30 days of delivery for store credit within the U.S., Canada, and the U.K. Final sale items are not eligible for return. There is no charge for items returned for store credit. As soon as you initiate a return on our Services we will email you a voucher for each item you wish to return; each voucher can be used to purchase any one item then available on our Services. The originally purchased item(s) must be returned to our warehouse within 30 days of delivery. If we do not receive the originally purchased item(s) for which you have requested a store credit within thirty (30) days, you will be liable for the full cost of the item(s). Please visit Gold Crate Jewelry’s Shipping, Return and Exchange Policies for additional information about our return policy.
- Returns for a Refunds. We will accept returns of new, unworn items sold within the U.S. and Canada within thirty (30) days of delivery for a refund. Final sale items are not eligible for return. All products returned for a refund are subject to a $5.95 restocking fee per set, to be deducted from the amount refunded to the original method of purchase. As soon as you initiate a return on our Services we will send you a voucher for each item you wish to return; that voucher is available to be used to purchase any one item then available on our Services until your original purchase is received by our warehouse. If you chose to use the voucher, you will not be refunded your purchase amount and you will not be charged a restocking fee. Once your new, unworn items are received, provided you have not already used your voucher, your voucher will be deactivated and a refund, minus the $5.95 restocking fee per set, will be returned to your credit or debit card. Please visit Gold Crate Jewelry’s Shipping, Return and Exchange Policies for additional information about our return policy.
VII. INTELLECTUAL PROPERTY
- Ownership of Services. The Site, Mobile, Site and App, are owned and operated by Gold Crate Jewelry. All right, title and interest in and to the materials provided on the Services, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Gold Crate Jewelry or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Gold Crate Jewelry, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Gold Crate Jewelry’s intellectual property rights, whether by estoppel, implication or otherwise. You must contact our Customer Care team if you have any questions about obtaining such licenses. Gold Crate Jewelry does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Gold Crate Jewelry. Any rights not expressly granted herein are reserved by Gold Crate Jewelry.
- Copyright. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2010-2016, Gold Crate Jewelry, Inc. ALL RIGHTS RESERVED.
- Trademark. Gold Crate Jewelry, Goldcratejewelry.com, the logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Gold Crate Jewelry. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
- License for Site. Subject to your compliance with these Terms, Gold Crate Jewelry grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
- License for App. Subject to the terms of these Terms, Gold Crate Jewelry grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.
- Feedback. By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted.
- Notice and Copyright. Gold Crate Jewelry takes protection of Copyright very seriously. If you believe any Gold Crate Jewelry Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting Gold Crate Jewelry’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
- In an effort to protect the rights of copyright owners, Gold Crate Jewelry will, in appropriate circumstances, terminate the accounts of subscribers who are repeat infringers.
- Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. Gold Crate Jewelry may also terminate your account if Gold Crate Jewelry determines that your conduct poses a risk or liability to Gold Crate Jewelry, or for any other reason as determined by Gold Crate Jewelry in its sole discretion.
- In the event your access to the Services is terminated, your Limited License, as described above, shall be revoked; however, the remainder of the terms, including the arbitration agreement and class action waiver, shall continue to apply.
- DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
- Limited Warranties. No other warranties are granted by Gold Crate Jewelry in connection with the Services or Products.. Your sole and exclusive remedy and Gold Crate Jewelry’s sole and exclusive liability for a breach by Gold Crate Jewelry of its obligations with regard to the Services or Products shall be, at Gold Crate Jewelry’s option, Gold Crate Jewelry’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your VIP Membership Fee, as applicable (excluding delivery charges if applicable).
- Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN THIS AGREEMENT, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, Gold Crate Jewelry DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE Gold Crate Jewelry CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Limitation of Liability -- UNDER NO CIRCUMSTANCES SHALL Gold Crate Jewelry BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF Gold Crate Jewelry HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH HEREIN OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- DISPUTE RESOLUTION/ARBITRATION/CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that in the event of any dispute between you and us, all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. It affects your rights.
- Informal process first. Both you and Gold Crate Jewelry agree that in the event of any dispute between you and us, you and Gold Crate Jewelry will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our Customer Care department at email@example.com
- Mandatory arbitration of disputes. In the unlikely event that Gold Crate Jewelry’s Customer Care department is unable to resolve your complaint to your satisfaction (or if Gold Crate Jewelry has not been able to resolve a dispute it has with you after attempting to do so informally), all disputes between you and Gold Crate Jewelry will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Gold Crate Jewelry or you, shall be resolved by mandatory and binding arbitration which shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
- Any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Gold Crate Jewelry or you, shall be governed by the Federal Arbitration Act and shall be resolved by mandatory and binding arbitration submitted to the AAA in accordance with the AAA Rules at the request of either Gold Crate Jewelry or you pursuant to the following conditions:
- Basis for Demand. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Gold Crate Jewelry should be addressed to: Notice of Dispute, General Counsel, Gold Crate Jewelry, Inc., 16 East 34th Street, 14th floor, New York, NY, 10016 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”).
- Service of Demand. If Gold Crate Jewelry and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Gold Crate Jewelry may commence an arbitration proceeding pursuant to the AAA Rules.
- Place of Arbitration Hearing. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at an AAA facility in your area or at an AAA facility in New York City, at your election.
- Conduct of arbitration. The arbitration shall be conducted by a single neutral arbitrator under AAA Consumer Rules. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. The arbitrator shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms.
- Final and binding. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Gold Crate Jewelry. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Gold Crate Jewelry was a party. During the arbitration, the amount of settlement offers, if any, made by Gold Crate Jewelry or you shall not be disclosed to the arbitrator.
Costs and Fees. To the extent permitted by AAA Rules, each party shall bear its own costs and expenses, with Gold Crate Jewelry remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under AAA Rules. Notwithstanding the foregoing, for any non-frivolous claim (as determined by the Arbitrator, if Gold Crate Jewelry does not agree the claim is non-frivolous), Gold Crate Jewelry will promptly reimburse you for your payment of any arbitration filing fee after Gold Crate Jewelry receives notice at the Notice Address that you have commenced arbitration. If you are unable to pay this fee, Gold Crate Jewelry will pay it directly after receiving a written request at the Notice Address. For all non-frivolous claims, Gold Crate Jewelry will pay for the entirety of the arbitrators’ and administrative fees of arbitration and will pay for your legal fees up to a maximum of $5,000, regardless of the outcome of the Arbitration. For the sake of clarity, you shall be responsible for your legal fees that exceed $5,000, unless ordered otherwise by the Arbitrator.
Relief. The arbitrator shall not award relief in excess of what is allowed by applicable law and these Terms. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Class Action Waiver. The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Gold Crate Jewelry shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
- Jurisdictional Issues. Gold Crate Jewelry makes no representation that the Services are appropriate or available for use outside the United States, Canada, Australia, the United Kingdom, Singapore, New Zealand, Mexico, the United Arab Emirates, or Saudi Arabia. Those who choose to access the Services or any part thereof from outside one of these jurisdictions do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in countries outside the United States. Such references do not imply that Gold Crate Jewelry intends to announce or make available such products or services to the general public, or in your country. Contact Gold Crate Jewelry at firstname.lastname@example.org to determine which products and services may be available to you.
- Export Laws. The laws of the United States of America prohibit the export of certain software and data and products to particular persons, territories, and foreign states. You agree not to export the Services, including the Gold Crate Jewelry Content, or any part thereof, in any way, in violation of United States law.
- Governing Law & Venue. These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, except for claims that are to be handled by a small claims court, shall be resolved exclusively by a state or federal court located in New York County, New York, and you specifically consent to the personal jurisdiction of such courts and waive any objection to the convenience of this forum.
- Typographical Errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Gold Crate Jewelry shall have the right to refuse or cancel any orders placed for a product listed at the incorrect price. Gold Crate Jewelry shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Gold Crate Jewelry shall immediately issue a credit to your credit or debit card account in the amount of the charge.
- Entire Agreement. These Terms are the entire agreement between you and Gold Crate Jewelry relating to the subject matter herein and shall not be modified except by Gold Crate Jewelry in accordance with these Terms, or as otherwise agreed in writing by you and Gold Crate Jewelry. No employee, agent or other representative of Gold Crate Jewelry has any authority to bind Gold Crate Jewelry with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
- Third Parties. This Site may contain links to websites controlled by parties other than Gold Crate Jewelry (each a “Third Party Site”). Gold Crate Jewelry may work with certain partners and affiliates whose sites are linked with Gold Crate Jewelry. Gold Crate Jewelry is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Gold Crate Jewelry makes no guarantees regarding the content or quality of the products or services provided by such sites. Gold Crate Jewelry is not responsible for webcasting or any other form of transmission received from any Third Party Site. Gold Crate Jewelry is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gold Crate Jewelry of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Gold Crate Jewelry is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
- Severability & Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- Force Majeure. Gold Crate Jewelry will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Gold Crate Jewelry’s reasonable control.
- Final Form. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.
- Contact Information. Please send any questions or comments, or report violations of these Terms, to Gold Crate Jewelry at email@example.com
Gold Crate Jewelry's Mission is to brighten lives with your special affordable handmade jewelry, at a cost that anyone can afford.
PHONE: (805) 277-9512
ADDRESS: 2470 Stearns St. #306, Simi Valley, CA, 93065
HOURS: We provide online support 24/7, 365 days a year.
© Wayve 2019. All Rights Reserved