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Terms & Conditions

Terms & Conditions

 

These terms and conditions apply to the jmxdy Web site located at www.jmxdy.com, and all associated Web sites linked to www.jmxdy.com by jmxdy, its subsidiaries and affiliates, including jmxdy's sites around the world (collectively 'the Site'). Please read these terms and conditions (the 'Terms and Conditions') carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

These Terms and Conditions govern your use of, and any purchase from, the jmxdy Site, and constitute an agreement between you and jmxdy. jmxdy reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

 

To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a jewelry item, please contact one of our Diamond and Jewelry Consultants at [email protected] or , and we would be happy to help you make your choice.

Information on our Site

 

At jmxdy, we make every attempt to ensure that our online catalog is 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 objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, jmxdy states that carat total weight in all purchases may vary 0.05 carats from stated weight.

 

On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. Width tolerance on machine made wedding bands of 0.20mm is allowed. Cast manufactured rings can vary slightly more.

 

For gemstone and pearl measurements, a tolerance of 0.25mm is allowed.

 

For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.

 

Policy on Ethical Sourcing

 

At jmxdy, we only purchase diamonds through the largest and most respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict. Read more about jmxdy's policy on ethical sourcing and the steps we take to ensure our diamonds are from conflict free sources.

Privacy Policy

 

Please refer to our Privacy Policy for information on how jmxdy collects, uses, and discloses personally identifiable information from its customers.

 

Site Content

 

The Site and all content and other materials, including, without limitation, the jmxdy logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of jmxdy or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

Trademarks

 

You may not use any metatags or any other "hidden text" utilizing "jmxdy" or any other name, trademark or product or service name of jmxdy without our prior written permission. All other trademarks, registered trademarks, product names and jmxdy names or logos mentioned in our Site are the property of their respective owners.

Use of the Site

 

You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of jmxdy, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

Infringer Policy

 

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, jmxdy has adopted a policy of terminating and barring, in appropriate circumstances and at jmxdy's sole discretion, site users or account holders who are deemed to be repeat infringers. jmxdy may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Content

 

jmxdy may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. jmxdy does not monitor or have any control over any Third Party Content or third party Sites. jmxdy does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. jmxdy does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Advertisements and Promotions

 

jmxdy may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than jmxdy, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. jmxdy is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-jmxdy advertisers on our Site.

Submissions

 

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, jmxdy, or our products or services that are provided by you to jmxdy are non-confidential and shall become the sole property of jmxdy. jmxdy will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant jmxdy and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.

Product Reviews and User Content

 

Our Site includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site ('Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:

 

Any message, data, information, text, music, sound, photos, video, graphics, code or other material ('User Content') that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

Unsolicited promotions, political campaigning, advertising or solicitations;

Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

Viruses, corrupted data or other harmful, disruptive or destructive files; and

User Content that, in the sole judgment of jmxdy, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose jmxdy or its users to any harm or liability of any type.

jmxdy takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is jmxdy liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, jmxdy is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although jmxdy has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, jmxdy reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense.. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect jmxdy's systems and customers, or to ensure the integrity and operation of jmxdy's business and systems, jmxdy may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. jmxdy's right to disclose any such information shall govern over any terms of jmxdy's Privacy Policy.

 

If you post User Content to our Site, unless we indicate otherwise, you grant jmxdy and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant jmxdy and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.

 

Indemnification

 

You agree to defend, indemnify and hold harmless jmxdy, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against jmxdy and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.