Terms & Conditions Of Use
Date of Last Revision: September 12, 2017
These Terms and Conditions of Use ("Terms") apply exclusively to your access to, and use of the websites, mobile applications and online services (collectively, the "Sites") of The Fred Meyer Jewelers, Incorporated and its subsidiaries and affiliates (collectively, "FMJ"). The Terms do not alter in any way the terms or conditions of any other agreement you may have with FMJ, or our subsidiaries or affiliates, for products, services or otherwise (for example, FMJ Gift Card Terms and Conditions and FMJ Affiliated Credit Card Terms and Conditions. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and FMJ for its violations of these Terms.
FMJ reserves the right to change or modify these Terms at any time and in our sole discretion. If FMJ makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites or updating the date at the top of these Terms. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites. Any use of the Sites in violation of these Terms may result in, among other things, termination of your account.
If you have any questions regarding the use of the Sites, please refer to the Customer Service Section on Fredmeyerjewelers.com. All other questions or comments about the Sites or their contents may be directed to customer service by calling 1-800-DIA-MOND (1-800-342-6663).
FMJ provides all information on the Sites (together with all content and the underlying source HTML files that implement the hypertext features) exclusively under the following Terms and Conditions and all applicable laws:
- ELIGIBILY, REGISTRATION, AND ACCOUNT. The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Site account; and (c) that you have full power and authority to agree to the Terms and in doing so will not violate any other agreement to which you are a party.
- In order to create a profile on the Sites, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
- In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify FMJ if you discover or otherwise suspect any security breaches related to the Sites.
- OWNERSHIP, LICENSE AND RESTRICTIONS ON USE.
- Unless otherwise indicated, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Sites belong to FMJ, its licensors, or suppliers. In addition, the names, images, pictures, logos and icons identifying FMJ's products and services are proprietary or licensed marks of FMJ , its licensors, or suppliers. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.
- You are hereby granted a non-exclusive, non-transferable, limited license to view the Sites, and to download and/or print insignificant portions of materials retrieved from the Sites provided (a) it is used only for informational, 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 the Sites, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of FMJ.
- Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
- THE SITES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND FMJ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FMJ DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE.
- FMJ 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 the Sites, 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 the Sites, including but not limited to any errors in or omissions therefrom, (c) the unavailability of the Sites or any portion thereof, (d) your use of the Sites, or (e) your use of any equipment or software in connection with the Sites.
- 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 THE SITES, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. "Covered Party" meansFMJ, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.
- PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES. The Sites may contain references or cross references to FMJ branded and other branded products and services that are not available in every country.
- ENTIRE AGREEMENT; SEVERABILITY. These Terms and Conditions incorporate by reference any notices contained on the Sites and constitute the entire agreement with respect to your access to and use of the Sites. 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. Notwithstanding the foregoing, under no circumstances do the parties agree to class-arbitration. If a court refuses to enforce the waiver of class-wide arbitration, the entire arbitration provision shall be unenforceable and any claims brought on behalf of a putative class will proceed in court.
- COMMUNICATIONS. Any communication or other information sent to FMJ via electronic mail or otherwise in connection with your use of the Sites, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by FMJ for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to FMJ.
- LINKS TO KROGER WEB PAGES.
- FMJ permits links to the Sites 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 the Sites 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 FMJ notice of all such links by sending an e-mail email@example.com, and (d) you discontinue providing links to the Sites if notified by FMJ.
- When linking to the Sites you may use one or more FMJ logos as a link anchor. To ensure proper usage of FMJ logos, we've presented them here. These logos are trademarks of FMJ and FMJ retains all rights in them. FMJ grants you a limited license to use these logos solely for linking to FMJweb 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, FMJ does not grant, by implication, estoppels or otherwise, any license to use any trademark, copyrighted materials or other proprietary materials displayed on the Sites and any other use is strictly prohibited.
- REVIEWS. FMJ does not and cannot review all communications and materials posted or uploaded to the service and is not responsible for the content of these communications and materials. However, FMJ reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or, other intellectual property right of another, or (d) offensive or otherwise unacceptable to FMJ at its sole discretion. Any messages, advice, opinions or other information contained in any discussion area should not be construed as professional advice or instruction.
- MESSAGE BOARD, BLOGS, & SHARING.
FMJ may, now or in the future, allow users to post, upload, transmit through, or otherwise make available on the Site (collectively, "submit") messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials ("User Content"). FMJ is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content. FMJ does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will FMJ be liable for any loss or damage caused by reliance on the Site, User Content or information or materials obtained through User Content.
You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner's express permission. You are solely liable for any damages resulting from your failure to obtain consent.
You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.
User Content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. FMJ has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information available you do so at your own risk.
By submitting User Content, you automatically grant FMJ a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works, from publicly displaying or perform, transmit, publish, and otherwise exploit the User Content, in whole or part as FMJ deems appropriate including, but not limited to, in connection with FMJ's, or its subsidiaries' or affiliates', business.
FMJ has the right, but not the obligation, to monitor the User Content. We reserve the right not to post any User Content, but we do not have an obligation to post, maintain, screen or otherwise use User Content. We may discontinue the ability to submit User Content in our own discretion.
The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Site including User Content.
- GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION.
WAIVER OF RIGHT TO BRING CLAIMS IN COURT AND TO HAVE THEM HEARD BY A JUDGE AND JURY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN PARAGRPAH 14.1 ABOVE, AND TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY.
- RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and FMJ arising out of or relating in any way to your use of the Sites or the Terms must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.
- LIMITATION OF LEGAL REMEDIES. All arbitrations under the Terms shall be conducted on an individual (not a class-wide) basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. You acknowledge and agree that with regard to any claims relating in any way to the Sites, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims and you agree you will not proceed in any court or arbitration proceedings as a representative of others, join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under Ohio's Unfair and Deceptive Trade Practices Act, California's Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, and any other state consumer protection laws.
- ARBITRATION PROCEDURES.
- Before commencing any arbitration proceedings under the Terms, you must first present your claims or disputes to FMJ by calling 1-800-DIA-MOND (1-800-342-6663) and asking for the customer service department and allowing FMJ the opportunity to resolve the claims or disputes. If your claims or disputes are not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the Terms.
- The arbitration of any claim or dispute hereunder shall be conducted pursuant to the American Arbitration Association's ("AAA") United States Commercial Dispute Resolution Procedures, which are available by calling the AAA, at 1-800-778-7879, or by visiting its web site at www.adr.org.
- The arbitration of any claims or disputes hereunder shall be conducted in the State of Ohio.
- All administrative expenses of arbitration proceedings commenced hereunder shall be paid by FMJ.
- ATTORNEYS FEES. You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties attorneys' fees provision a part of any statute under which you may bring a claim.
- CHOICE OF LAW. The Terms shall be governed by the United States Federal Arbitration Act and the laws of the state of Ohio. The validity, effect, and enforceability of the arbitration provisions of the Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by an arbitrator.
Terms and Conditions of Sale
Please read this document carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
This agreement contains the terms and conditions ("Terms") that apply to your purchase of products from the Fred Meyer Jewelers Incorporated entity named on the invoice ("FMJ") that will be provided to you ("You" or "Customer") on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless the customer has signed a separate formal purchase agreement with FMJ, in which case the separate agreement shall govern; or (ii) unless other FMJ standard terms apply to the transaction. These terms and conditions are subject to change without prior written notice at any time, in FMJ's sole discretion. Visit this page to review current terms and conditions of sale which are binding on you.
- OTHER DOCUMENTS. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and FMJ.
- PAYMENT TERMS; ORDERS; QUOTES; INTEREST. Terms of payment are within FMJ's sole discretion, and unless otherwise agreed to by FMJ, payment must be received by FMJ prior to FMJ's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by FMJ Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. FMJ may invoice parts of an order separately. Orders are not binding upon FMJ until accepted by FMJ Any quotations given by FMJ will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. FMJ reserves the right to limit the order quantity on any product and/or to refuse to ship product to any customer for any reason, or for no reason whatsoever, with or without prior notice.
- SHIPPING CHARGES; TAXES. Separate charges for shipping and handling will be shown on FMJ's invoice(s). Unless Customer provides FMJ with a valid and correct tax exemption certificate applicable to the product ship-to location prior to FMJ's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for FMJ's franchise taxes and taxes on FMJ's net income. If applicable, a separate charge for taxes will be shown on FMJ's invoice. You agree that you will not obtain or direct shipment of product for export.
- TITLE; RISK OF LOSS. Title to products passes from FMJ to Customer on shipment from FMJ's facility. Loss or damage that occurs during shipping by a carrier selected by FMJ is FMJ's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
- WARRANTIES, DISCLAIMERS. FMJ disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. In addition to these terms and conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in the Sites.
- RETURN POLICIES. FMJ products that are purchased directly from FMJ by an end-user Customer may be returned by Customer in accordance with FMJ's return policy in effect on the date of the invoice.
- PRODUCTS. FMJ's policy is one of on-going product update and revision. FMJ may revise and discontinue products at any time and are not responsible for typographical errors or misprints. Fredmeyerjewelers.com reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
- PRICE DEFINITIONS AND PROMOTIONS. "Ticket price" is defined as the manufacturer's suggested retail price. "FMJ price" refers to the product's non-promotional price on Fredmeyerjewelers.com. "Sale price" is a limited time promotional price for the product. The Ticket price, FMJ price and/or Sale price of any product offered for sale through a FMJ website may be different than the Ticket price, FMJ price and/or Sale price of the product offered for sale at a FMJ-owned retail outlet. In the event of an error relating to the price offered for a product, FMJ reserves the right to correct such error and to cancel or refuse to accept any order containing a pricing error.
FMJ through its websites conducts periodic promotions related to shipping, products, and promotional codes which may expire or terminate without notice, and which may be different than promotions offered in FMJ-owned retail outlets. Prices and other promotional offers (such as coupons and additional discounts) offered at FMJ-owned retail outlets may not be applied toward purchases from FMJ websites. Prices and other promotional offers from at FMJ-owned retail outlets may not be applied toward purchases from FMJ websites. All offers are for a limited time only, and while supplies last. Offers cannot be applied to previous orders. Rain checks are not allowed. Acceptance of promotional codes is at the sole discretion of FMJ Promotional codes offering percentile discounts shall only apply to the first $1,000 value of the order. FMJ reserves the right to cancel an order if it believes that a fraudulent or abusive order has been placed.
- GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION.
- RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and FMJ arising out of or relating in any way to the Terms, your purchase of the products, or use of the products must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.
- WAIVER OF RIGHT TO BRING CLAIMS IN COURT AND TO HAVE THEM HEARD BY A JUDGE AND JURY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN PARAGRPAH 9.1 ABOVE, AND TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY.
- LIMITATION OF LEGAL REMEDIES. All arbitrations under the Terms shall be conducted on an individual (not a class-wide) basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. You acknowledge and agree that with regard to any claims hereunder, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims and you agree you will not proceed in any court or arbitration proceedings as a representative of others, join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under Ohio's Unfair and Deceptive Trade Practices Act, California's Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, and any other state consumer protection laws.
- ARBITRATION PROCEDURES.
- The arbitration of any claims or disputes hereunder shall be conducted in the State of Ohio.
- >All administrative expenses of arbitration proceedings commenced hereunder shall be paid by FMJ.
- You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties attorneys' fees provision a part of any statute under which you may bring a claim.
- validity, effect, and enforceability of the arbitration provisions of the Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by an arbitrator.
- You may opt-out of paragraphs 9.1, 9.2, 9.3, and/or 9.55 herein by sending a notice ("Rejection Notice") to FMJ no later than sixty (60) days after your receipt of the Products. You must mail the Rejection Notice by certified mail return receipt requested or messenger service (e.g. Federal Express) to FMJ at Attn. Customer Service, FredMeyerJewelers.com 3800 SE 22nd Ave. Portland, OR 97202. In the event of any dispute concerning whether you provided a Rejection Notice within sixty (60) days, you must provide a signed receipt confirming FMJ received the Rejection Notice within sixty (60) days. You may opt out of these Terms in their entirety by returning the Product UNUSED to the FMJ at the address listed in this paragraph within fourteen (14) days and requesting a full refund.
- APPLICABLE LAW; NOT FOR RESALE. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. FMJ has separate terms and conditions governing resales.
- HEADINGS. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
- ACCEPTANCE. By ordering any product from FMJ, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in the FMJ site.