Terms and Conditions
1. Terms of Use
Welcome to 25karats.com ("Website"). Please review the following that govern your use of our Website ("Terms
of Use").
Your continued use of our Website constitutes your agreement to follow and be bound by the Terms of Use.
2. Definitions
25karats.com is the interactive online service operated by 25karats LLC (collectively, "The Company") on
the World Wide Web of the Internet.
We can be reached via e-mail at
service@25karats.com.
or by telephone at 800-201-3404.
3. General
As we continue to develop our Website, we may from time to time, modify, alter or update these Terms of Use.
Your use of our Website following any such change constitutes your agreement to follow and be bound by the Terms
of Use as changed.
We therefore encourage you to refer to these Terms of Use on an on-going basis.
4. Website Contents
Unless otherwise noted, the design of this Website, the Website as a whole, and all materials,
including images, illustrations, and designs, that are part of the Website (collectively, "Contents")
are copyrights, trademarks, trade dress and / or other intellectual properties owned, controlled, or licensed by
The Company.
The Contents of our Website are intended solely for personal, noncommercial use by the users of our Website.
You may download or copy the Contents displayed on our Website for your personal, noncommercial use only so long
as
your copy retains any copyright and trademark notices appearing on our Website.
No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading
or copying.
You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative
works from,
sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the
Website.
5. Information on Website
At 25karats, we make every attempt to ensure that all information and images on our website are as accurate and
complete as possible.
In order to give you the opportunity to view our products in great detail, some products may appear larger or
smaller than their actual size in our photographs;
and since every computer monitor is set differently, color and size may vary slightly.
Our website displays the dimensions of our products based on the information received from our manufacturers. For
any convex or rounded jewelry item,
the width and length stated in the product description is taken by the manufacturer, prior to the rounding of the
metal in the manufacturing process,
which may lead to a discrepancy in any measurements taken after this process.
For each item containing multiple diamonds, we list the average grade and measurement for color, clarity, and
carat weight.
These averages are calculated by adding all grades or measurements that comprise the inventory with regard to that
particular piece of merchandise, and determining the closest mean.
On rare occasions, data may be inaccurately displayed on our site due to either system or human error. While we
make every attempt to avoid these errors,
they do sometimes occur. We reserve the right to correct any and all errors when they do occur and we do not honor
inaccurate or erroneous prices.
Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause.
6. Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding our Website, our products, and our services.
We do not, however, accept confidential or proprietary information.
Accordingly, all comments, feedback, ideas, suggestions disclosed, submitted or offered to
The Company using this Website or otherwise (collectively, "Comments"), are not confidential
and will become and remain The Company's property. The disclosure, submission or offer of any Comments constitutes
an assignment to The Company of all worldwide rights, titles and interests and goodwill in the Comments without
payment of any compensation.
Comments submitted by you must not violate any right of any third party, and must not contain any libelous,
abusive, obscene or otherwise unlawful material.
7. Disclaimer, Limitation of Liability, and Indemnity
This Website and all contents of the Website are provided on an "as is" basis without warranties of any
kind,
either express or implied, including without limitation warranties of title or implied warranties of
merchantability or fitness for a particular purpose.
The Company does not warrant that your use of this Website will be uninterrupted or error free, or that this
Website or its server are free of viruses or other harmful elements.
Your use of this Website is at your sole risk. You assume full responsibility for all costs associated with all
necessary servicing
or repairs of any equipment that you use in connection with your use of our Website. The Company shall not be
liable for any damages of any kind related
to your use of this Website. Although 25karats.com endeavors to provide accurate information, it does not warrant
or make any representations regarding
the accuracy or reliability of information on this Website. 25arats LLC or their related entities, vendors or
content providers
shall not be liable to any person or entity for any direct or indirect loss, damage (whether actual,
consequential, punitive, special or otherwise),
injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability
to use this Website,
or any information or materials provided on the Website. The Company is not liable for any defamatory, offensive
or illegal conduct of any user.
If you are dissatisfied with the Website or with any of 25karats.com's Terms of Use, your sole and exclusive
remedy is to discontinue using the Website.
You agree to indemnify, defend, and hold harmless The Company, its shareholders, officers, directors, employees,
agents, distributors, vendors
and related entities from and against any and all third party claims, demands, liabilities, costs or expenses,
including reasonable attorney's fees,
resulting or arising out of your breach of any of these Terms of Use.
8. Termination
The Company may also terminate this agreement at any time and may do so immediately without notice,
and accordingly deny you access to this Website, if in The Company's sole discretion, you fail to comply with any
term or provision in this Agreement.
Upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained
from this Website,
as well as copies of such materials. These Terms of Use constitute the entire Agreement between you and The
Company relating to the subject matter addressed herein.
9. Severability
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or
unenforceable,
that term or provision will be construed consistent with applicable law as nearly as possible to reflect the
original intentions of the parties,
and the remaining terms of the Agreement will remain in full force and effect.
Additionally, should either party terminate this Agreement, sections 1, 2, 4, 6, 7, 8, 9, and 10 of this Agreement
shall remain in full force
and survive the termination of this Agreement.
10. Applicable Law
This Agreement shall be construed in accordance with the laws of the State of New Jersey, without regard to any
conflict of law provisions.
Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in
New Jersey.