Last Updated: January 1st, 2019
The Forevermark® Appointment Booking Service (“Service”) of Forevermark US Inc. (“Forevermark”) is offered to you under these Terms.
SECTION 13 PROVIDES THAT YOU AND FOREVERMARK AGREE TO RESOLVE ANY DISPUTES BETWEEN US RELATING TO THE SERVICE THROUGH BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION, TO WAIVE ANY RIGHT TO A JURY TRIAL, AND TO WAIVE ANY RIGHT TO CLASS OR JOINED PROCEEDINGS.
2. Permitted Users of Service. You must be at least 18 years of age or the age of majority in your state of residence and a legal United States resident to use the Service. Forevermark reserves the right to terminate the Service or your use of the Service at any time for any reason.
3. Permitted Use of Service. The Service is provided for your personal, non-commercial use only, to provide information to Forevermark and to book appointments with a Jeweler to meet its Forevermark Sales Ambassador with regard to Forevermark® diamond jewelry. The Service, including without limitation trademarks and copyrights, are the sole and exclusive property of Forevermark, its related parties and/or their licensors. You agree not to reproduce, publish, modify, distribute, copy, sell, use or exploit for any commercial purpose, any portion of the Service other than as permitted in these Terms. You agree not to remove or modify any acknowledgements, credits, disclosures, disclaimers or legal notices relating to the Service. Use of the Service in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Service by any means other than through the Website under your account.
4. Booking an Appointment. To use the Service, you must already have an account on the Website, or set up an account on the Website by following the on-screen instructions. If you do not already have an account, when you use the on-screen form to book an appointment with a Jeweler you will be prompted to create an account. You will be asked to provide your first and last name and email address to create an account. To book an appointment, you may provide the reason for your appointment and the type of Forevermark® diamond jewelry of interest to you. Please select the Jeweler of your choice, and chose the day and time for your appointment with the Jeweler. We will confirm your appointment with the Jeweler, and send an appointment confirmation to the email address provided in your account or by text if you so request.
5. Your Appointment. At your appointment, the Jeweler’s Forevermark Sales Ambassador will use reasonable endeavors to have available the Forevermark® diamond jewelry you would like to see, or a similar piece. However, neither Forevermark nor the Jeweler can guarantee it will have the requested piece for the appointment. If circumstances arise that your appointment is cancelled or missed by any party, you agree that Forevermark is not responsible or liable, and understand that Forevermark and the Service are intended to facilitate but do not guarantee the appointment.
7. Communications From You. Your communications with us through the Service are subject to the Acceptable Use Policy within the Terms and Conditions. Without limitation, you agree that your communications will not be illegal, unlawful, offensive, discriminatory or harassing.
8. Communications To You. By using the Service, you agree to receive email or, if you request, text communications, from Forevermark concerning confirmation and reminder of your booking. In addition, you may agree to receive marketing emails or text messages from Forevermark. Your agreement to receive marketing text messages means Forevermark may text you at the mobile number you provide (even if that number is on any Do Not Call Registry) about your booking and marketing messages, including messages that may sent by automatic telephone dialing system. You represent that you are the owner or authorized user of the mobile number you provide. You understand that you are not required to opt in to receive marketing text messages (directly or indirectly) as a condition of transacting with Forevermark. Text messages may be recurring and on-going; message and data rates may apply. For Customer Service text HELP. Withdraw consent or unsubscribeat any time by texting STOP, or by logging into your account and updating your preferences, or by contacting Forevermark by email at email@example.com.
9. Disclaimer. THE SERVICE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOREVERMARK AND ITS RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHER, AND WITHOUT LIMITATION FOREVERMARK SPECIFICALLY DISCLAIMS WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
10. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOREVERMARK AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTE, STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICE. IN NO EVENT SHALL ANY OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES (DEFINED BELOW) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS SHALL NOT EXCEED FIFTY DOLLARS (U.S.).
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
11. Indemnity. You agree to defend, indemnify and hold harmless Forevermark and its related parties, and their officers, directors, employees, agents, licensors, licensees, assignees, service providers, advertising and promotion agencies, and others acting in concert with them (together, “Indemnified Parties”) from any and all losses, liabilities, penalties, claims, causes of action and demands brought (including costs, expenses and attorneys’ fees) resulting from or relating to: (a) your breach of these Terms or of any other applicable terms and conditions, or any applicable laws or the rights of any Indemnified Party or any third party, or (b) your use of or inability to use the Service, or your travel to or from any appointment. This agreement to defend, indemnify and hold harmless the Indemnified Parties applies whether the claim is based in contract or tort (including strict liability), and regardless of the form of action.
13. Governing Law; Arbitration; Waiver of Jury Trial; No Class Claims; Timely Filing of Claims. You agree that any dispute between you and Indemnified Parties relating to the Service will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against the Indemnified Parties. The laws of the State of New York, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in New York City, State of New York, U.S.A. or Stamford, State of Connecticut, U.S.A. If, for any reason, this Arbitration provision shall be found to be invalid or unenforceable in any respect, or you decide to challenge the arbitrator's decision or these Terms, or we initiate equitable proceedings, all actions, claims, or disputes arising under or relating to these Terms shall be brought exclusively in the federal or state courts located in the State of Connecticut, U.S.A.
You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in the State of Connecticut, U.S.A. You agree to waive trial by jury in any action, proceeding or counterclaim brought by or against Forevermark on any matter whatsoever arising out of, relating to, or in any way connected with these Terms.
NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or us may apply to any court of competent jurisdiction for injunctive relief or enforcement of this provision, without breach of this provision. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST FOREVERMARK WHICH ARISES OUT OF OR IS RELATED TO YOUR USE OF THE SERVICE MUST BE FILED BY YOU PURSUANT TO THIS SECTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
14. Contact Information. Questions about the Service or these Terms? Please contact us at firstname.lastname@example.org.