Conditions of Use
TERMS AND CONDITIONS OF USE
This Site is owned and controlled by J.L. HUPP JEWELERS ("THE BUSINESS"). By accessing and/or using the pages in this Site, you agree to these Terms and Conditions of Use. If you do not agree, you should not use this Site. If you are currently a party to a separate, written agreement with THE BUSINESS that has terms and conditions that are inconsistent with these Terms and Conditions of Use, the terms of that Agreement will apply to matters that are within the scope of that Agreement.
When you access this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and you further 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.
Viewing this Site may create a copy of material on this Site in the computer you use to access the Site. You are permitted to view this site and to print pages for your own personal, noncommercial use. The materials published on this Site may not be copied, distributed, uploaded, modified or transmitted in any way without the prior written consent of THE BUSINESS.
All content included on this Site, including text, graphics, video and/or audio clips, logos, icons, images, digital downloads, data compilations, information content and arrangement thereof and software is the property of THE BUSINESS and is protected by United States and international copyright laws.
The trademarks and service marks (the 'Trademarks') used and displayed on this Site are Trademarks of THE BUSINESS and others. Nothing on this Site should be construed as granting, in any way, any license or right to use any Trademark displayed on this Site without the prior written consent of the Trademark owner.
PRODUCTS AND PRICING
Any sale of products or services through this Site shall be subject to the terms and conditions of sale in effect at that time. Such Terms and Conditions of sale shall be supplied to the purchaser in written form, either electronically or by mail, and shall supersede and replace any inconsistent terms and conditions that may appear on this Site. Terms and Conditions of Sale, product prices, configurations and availability are subject to change at any time by THE BUSINESS.
This Site may include links to other sites that contain information created, published, or maintained by organizations independent of THE BUSINESS. THE BUSINESS provides these links only as a convenience, and does not endorse, approve or certify these external sites and does not guarantee the accuracy or completeness of information located at such sites nor does THE BUSINESS endorse or otherwise promote the products or services of such linked sites. Other parties may provide links to this Site without obtaining approval of THE BUSINESS. Such links may not, however, include frames or other features that distort, mischaracterize or misrepresent the source or ownership of materials on this Site or disparage or otherwise demean the products or services of THE BUSINESS.
THE MATERIAL DISPLAYED OR DESCRIBED ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE BUSINESS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. ABATE DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE BUSINESS DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE THIS SITE AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. THE BUSINESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THIS SITE AND/OR THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. THE ABOVE RESTRICTION MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES. NOTHING IN THIS SECTION SHALL AFFECT YOUR STATUTORY RIGHTS.
By visiting this Site, you agree that the laws of the State of Indiana, United States of America, without regard to conflict of law principals that would dictate selection of another jurisdiction's laws, will apply to these Terms and Conditions of Use and any dispute of any sort that may arise between you and THE BUSINESS.
Any dispute between you and THE BUSINESS arising out of your use of this Site shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however, that THE BUSINESS may commence action against you in a court of law for infringement of THE BUSINESS 's intellectual property rights. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the United States Federal Arbitration Act and will take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Indianapolis, Indiana. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.
MODIFICATION TO TERMS AND CONDITIONS (SEVERABILITY)
If any of these terms and conditions is deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.
THE BUSINESS may modify these Terms and Conditions at any time by modifying or updating this posting. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.