Terms and Conditions
1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
1.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belongs to FredMeyerJewelers.com and its licensors. In addition, the names, images, pictures, logos and icons identifying FredMeyerJewelers.com products and services are proprietary marks of FredMeyerJewelers.com and/or its subsidiaries, affiliates, or third party licensors. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright, trademark or other intellectual property rights.
1.2 You are hereby granted a non-exclusive, non-transferable, limited license to view this Site, and to download to a single computer and/or print portions of materials retrieved from this Site provided (a) those materials are used only for personal, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Site, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, adapted, transmitted, or distributed in any form or by any means, without the express written permission of FredMeyerJewelers.com.
2. LINKS TO THIRD PARTY SITES
3.1 ACCESS TO THIS SITE IS PROVIDED, FREE OF CHARGE, ON AN "AS IS", "AS AVAILABLE" BASIS AND FREDMEYERJEWELERS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
3.2 FredMeyerJewelers.com disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.
4. LIMITATION OF LIABILITY
A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. "Covered Party" means FredMeyerJewelers.com, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.
5. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES
This Site may contain references or cross references to FredMeyerJewelers.com products and services that are not available in every country.
6. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder or in any way related to this Site shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Ohio, and jurisdiction therefore shall rest solely in Ohio, USA.
7. CHANGES TO SITE AND THESE TERMS AND CONDITIONS
This Site and these Terms and Conditions may be changed by FredMeyerJewelers.com with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.
8. ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Your comments regarding our products and services are welcome. However, it is our policy not to accept unsolicited creative ideas, suggestions, or materials in order to avoid misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative material. Any such unsolicited communication or other information sent to FredMeyerJewelers.com via electronic mail or otherwise in connection with your use of this Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by FredMeyerJewelers.com for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to FredMeyerJewelers.com.
10. LINKS TO FREDMEYERJEWELERS.COM WEB PAGES
10.1 FredMeyerJewelers.com permits links to this Site provided (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices, (b) you do not directly or indirectly cause any portion of this Site to appear on a user's computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party, (c) you give FredMeyerJewelers.com notice of all such links by sending an e-mail to firstname.lastname@example.org, and (d) you discontinue providing links to this Site if notified by FredMeyerJewelers.com.
10.2 When linking to this Site you may use one or more FredMeyerJewelers.com logos as a link anchor. To ensure proper usage of FredMeyerJewelers.com logos, we've presented them here. These logos are trademarks of FredMeyerJewelers.com and FredMeyerJewelers.com retains all rights in them. FredMeyerJewelers.com grants you a limited license to use these logos solely for linking to FredMeyerJewelers.com web pages as provided above. Logos cannot be altered or modified other than to make them larger or smaller. Except for the limited license provided above, FredMeyerJewelers.com does not grant, by implication, estoppels or otherwise, any license to use any trademark, copyrighted materials or other proprietary materials displayed on this Site and any other use is strictly prohibited.
11. IF YOU DO NOT AGREE...
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
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