A. Link Jewelry Co., LLC – LUMINOUS DIAMONDS
A. INTRODUCTORY TERMS
ARBITRATION NOTICE: BY ACCESSING OR USING THE SERVICE, HOWEVER ACCESSED, YOU AGREE THAT DISPUTES BETWEEN YOU AND ALJ WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS MORE FULLY SET FORTH BELOW.
B. ALJ’S OWNERSHIP OF THE SERVICE & ITS CONTENT
- The Service, as well as all designs, text, graphics, user interfaces, visual interfaces, images, trademarks, logos, materials, sounds, and computer code contained in and/or made available on or through the Service (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, is owned, controlled, or licensed by or to ALJ, and is protected by copyright, trademark, trade dress, patent, and various other intellectual property and unfair competition laws.
- ALJ, Luminous Diamonds, LUMINOUS & Design… and all other product and service names, slogans, and logos contained in the Service are trademarks of ALJ and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ALJ or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “ALJ”, “Luminous Diamonds”, & Design or any other name, slogan, logo, trademark or product or service name of ALJ without our prior written permission.
С. BASIC TERMS AND CONDITIONS OF ACCESS/USE OF THE SERVICE
- By accessing and using the Service, however accessed, you understand and agree that you are responsible for all data charges that you incur through your access and/or use of the Service.
- You must be physically located in the United States of America to use the Service, create a user account with the Service, or place an order via the Service.
- You may not pretend that you are, or that you represent, someone else, or otherwise engage in conduct via the Service that impersonates another person in a manner that does or is intended to mislead, confuse, or deceive others.
- You must not change modify, adapt, or alter the Service or change, modify, or alter any other program, web site, application, software, and/or platform so as to create or imply a false affiliation, connection, or association with the Service and/or ALJ.
- You must not defame, stalk, bully, abuse, harass, or threaten persons or entities via the Service.
- You must not publicly post or otherwise make publicly available any private or confidential information via the Service, including, without limitation, your or any other person’s or entity’s credit card information, social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses.
- You must not use or engage in conduct via the Service, or use any Content, for any purpose that infringes or violates any legal right of ALJ or any third party, including, without limitation, copyright, trademark, publicity, privacy, property, and/or confidentiality rights, or to solicit the performance of any illegal activity that infringes or violates any legal right of ALJ or any other person or entity.
- You must not solicit other users of the Service or otherwise use the Service for unauthorized marketing purposes, including, without limitation, by creating or submitting unwanted email, comments, likes, or other forms or commercial and/or harassing communications (including, without limitation, “spam” communications”) to any other users of the Service, or soliciting, collecting, or using account information and/or login credentials of any other users of the Service.
- You must not use the Service for, or in furtherance of, any illegal, illicit, or unauthorized purpose. By using the Service, you agree to comply with all laws, rules, and regulations (whether federal, state, local, provincial, or otherwise) applicable to your use of the Service, including but not limited to, all applicable copyright and trademark laws, rules, and regulations.
D. USERS’ LICENSE TO ACCESS & USE THE SERVICE
- At all times, as between you and ALJ, ALJ shall retain all right, title, and interest in the Content as well as all proprietary rights therein, without limitation. The foregoing limited license for you to access and use the Service and the Content is not intended to transfer any ownership rights in the Service or any of the Content or any proprietary rights therein, without limitation.
E. USER ACCOUNT ENROLLMENT
- Certain features or services offered on or through the Service may require you to create a user account. You may create a user account with the Service by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested when creating a user account with the Service. You further agree that you will update your user account information as necessary to maintain its truth and accuracy.
- BY CREATING A USER ACCOUNT WITH THE SERVICE, YOU AGREE THAT YOU ARE AND SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN VIA YOUR USER ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.
- You are responsible for keeping your user account’s membership credentials (including, without limitation, your password) secret and secure, and for restricting access to your user account (including the information you provide for your account). You agree not to disclose your user account’s membership credentials (including, without limitation, your password) to any third party. You agree to immediately notify ALJ of any unauthorized use of or access to your user account or password, or any other breach of security. You may be held liable for losses incurred by ALJ or any other user of or visitor to the Service due to someone else using your ALJ user account or password as a result of your failing to keep your account information secure and confidential. ALJ cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
- You may maintain only one user account at any time.
- You may not use anyone else’s user account without the express permission and consent of the holder of that account.
By registering a user account with the Service, you acknowledge and agree that paid services, sponsored content, and commercial communications may appear as part of the Service, and may not always be identified as such. By registering a user account with the Service, you further agree and consent to receive emails and other communications about the Service, special offers, new products, and/or for other marketing and/or promotional purposes.
F. USER SUBMITTED CONTENT
- During your access and use of the Service, you may, from time to time, create, submit, upload, reproduce, distribute, enter, transmit, publicly display, and/or post information, materials, and/or communications on, through, or via the Service through your user account (collectively, “User Submitted Content”). With respect to all User Submitted Content that you create, submit, upload, reproduce, distribute, enter, transmit, publicly display, and/or post via the Service, you acknowledge and agree that, by and upon your creation, submission, uploading, reproduction, distribution, entering, transmission, public display, and/or posting of such User Submitted Content, you grant ALJ a non-exclusive, irrevocable, fully transferable and sub-licensable, perpetual, worldwide, fully-paid, royalty-free right and license to use, reproduce, transmit, communicate to the public, print, publish, publicly display, publicly perform, exhibit, distribute, redistribute, license, sub-license, copy, index, comment upon, modify, adapt, translate, create derivative works based upon, make available, and otherwise exploit, in whole or in part, in all languages, anywhere in the world, by all means, methods, processes, and media formats and channels now known or hereafter devised, in any number of copies and without limit as to time, manner or frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity, such User Submitted Content. You acknowledge and agree that this license includes the right for ALJ to use User Submitted Content for any reason, including, without limitation, to provide, promote, and improve the Service, to develop, manufacture, and/or market its products, and/or for any other commercial purpose. You further acknowledge and agree that this license will survive termination of your user account. DO NOT SUBMIT ANY USER SUBMITTED CONTENT VIA THE SERVICE WITH RESPECT TO WHICH YOU DO NOT DESIRE TO GRANT SUCH RIGHTS TO ALJ.
- You acknowledge and agree that you are solely responsible for any and all User Submitted Content created, uploaded, submitted, posted, utilized, publicly displayed, distributed, and/or otherwise used on or via the Service through your user account.
- You may not create, submit, upload, reproduce, distribute, enter, transmit, publicly display, and/or post any User Submitted Content that:
- (a) Is inaccurate, misleading, or impersonates any person or entity;
- (b) Is profane, obscene, indecent, or pornographic;
- (c) Contains any unauthorized or unsolicited advertising (e.g., spam);
- (d) Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ALJ or any user of the Service;
- (e) Includes any person’s identification documents or sensitive financial information.
- By creating, submitting, uploading, reproducing, distributing, entering, transmitting, publicly displaying, and/or posting User Submitted Content via the Service, you represent and warrant that:
- (a) You hold all necessary right, title, and license to such User Submitted Content;
- (b) The creation, submission, uploading, reproduction, distribution, entering, transmission, public display, and/or posting on the Service of such User Submitted Content does not violate, misappropriate, or infringe upon the rights of any third party, including, without limitation, copyright, trademark, publicity, privacy, confidentiality, and/or any other intellectual property and/or legal right;
- (d) You agree to indemnify ALJ for all claims arising out of the use of such User Submitted Content on the Service, and to pay for all royalties, fees, or any other monies owed by reason of such User Submitted Content.
G. TECHNICAL TERMS OF ACCESS & USE OF THE SERVICE
- You must not interfere or disrupt the Service or any servers or networks connected to the Service, including, but not limited to, by transmission of any worms, viruses, spyware, malware, or any other harmful program or code of a destructive or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page within the Service is rendered or displayed in a user’s browser or device.
- You may not use any “deep-link”, “page-scrape”, “bot”, “spider”, “crawler”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion, aspect, or element of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service, or to create user accounts with the Service. ALJ reserves the right to bar any such activity, or to prohibit access to the Service to any person who ALJ believes in its sole discretion to be engaging in any such activity.
- You may not attempt to grain unauthorized access to any portion, aspect, or element of the Service or any Content, or any other systems or networks connected to the Service or to any ALJ server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate or illicit means.
- You may not probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures of the Service or any network connected to the Service. You may not reverse look-up, trace, or seek to trace any information on any other user or visitor of the Service, or any other customer of ALJ, including any ALJ account not owned by you, to its source, or exploit the Service or any service or information or Content made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or ALJ’s systems or networks, or any systems or networks connected to the Service or to ALJ.
- You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on or through the Service, or with any other person’s access and/or use of the Service.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ALJ on or through the Service or any service offered on or through the Service.
- Although it is ALJ’s intention for the Service to be available as much as possible, there may be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You acknowledge and agree that ALJ will not be liable to you for any modification, suspension, or discontinuance of the Service, or for the loss of any User Submitted Content. You also acknowledge and agree that the internet may be subject to breaches of security, and that the submission of User Submitted Content or other content, materials, or information via the Service therefore may not be secure.
H. PRODUCT INFORMATION MADE AVAILABLE ON THE SERVICE
- ALJ makes every effort to ensure that the Service is as accurate and complete as possible at all times. However, from time to time, information or materials on the Service concerning products, including but not limited to prices, may be out of date or inaccurate due to system, typographical, or other errors. While we make every attempt to avoid these errors, they do occur. ALJ reserves the right to discontinue or change descriptions, images, references, features, content, specifications, prices, and availability of products offered on or though the Service at any time without prior notice, in its sole discretion. The inclusion of any product on the Service at a particular time does not imply or warrant that such product will be available at any other time. ALJ further reserves the right to refrain from honoring inaccurate or erroneous prices, even after an order has been placed; errors in advertised prices are not binding on ALJ, and may be adjusted by ALJ at any time. ALJ shall have the right to refuse or cancel orders placed for a product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. We apologize for any inconvenience this may cause. If you have any questions about any product, please do not hesitate to contact us at firstname.lastname@example.org.
- ALJ makes reasonable efforts to accurately display the attributes of our products, including the applicable sizes and colors. However, some products displayed on the Service 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. Accordingly, we cannot guarantee that your screen will accurately display product colors and sizes.
- In compliance with industry standards and FTC regulations, ALJ states that carat total weight in all purchases may vary 0.05 carats from stated weight.
I. PURCHASE ORDERS
- YOU MUST BE AT LEAST 18 YEARS OLD TO MAKE A PURCHASE ORDER THROUGH THE SERVICE WITHOUT THE INVOLVEMENT OF A PARENT OR GUARDIAN. BY SUBMITTING A PURCHASE ORDER THROUGH THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. If ALJ discovers or is of the opinion (as to which ALJ shall have sole discretion) that you are not legally entitled to make certain purchases through the Service, ALJ shall be entitled to cancel your order immediately, without notice.
- ALJ reserves the right, for any reason in its sole discretion and at any time after receiving your order, to accept, refuse, place on hold, decline, or cancel any order you submit to us even after your receipt of an order confirmation. (Understand that your receipt of an email order confirmation does not signify ALJ’s acceptance of your order or a confirmation of our offer to sell, but rather is simply an acknowledgement that we received your order.) ALJ reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product. ALJ shall not be liable to anyone for withdrawing any product from the Service or for refusing to accept any order.
- After receiving your order, ALJ may contact you to request clarification, additional or missing information regarding your order or your account. It is your sole responsibility to deliver the additional information to ALJ in a timely manner. ALJ reserves the right, in its sole discretion, to place your order on hold or cancel your order if the requested information is not received in a timely and complete manner. Orders placed on hold will be automatically cancelled 15 days after being submitted if there’s missing information.
- In the event ALJ changes or cancels an order, we will attempt to notify you by contacting the email address and/or phone number provided at the time the order was submitted. If your order is cancelled, ALJ will issue a refund according to these terms.
- Purchases of commercial quantities of products through the Service is not permitted without ALJ’s prior written authorization. ALJ reserves the right to place further limits or restrictions on product orders in its sole discretion.
- Standard domestic shipping for orders placed through the Service is always free. Shipping fees only apply to expedited domestic shipping options.
- ALJ presently cannot offer international shipping (though we hope to soon).
- From the minute ALJ receives your order, it takes up to two (2) weeks to make your jewelry piece and get it shipped out to you. ALJ will send you tracking information for your package and updates on its shipping progress.
- Your jewelry piece will be fully insured while in transit, from the time it is shipped from ALJ’s headquarters to the time you receive and sign for it.
- Because our rings are high-value items, your package will need to be signed for at the shipping address upon delivery; customers are responsible for coordinating and accepting delivery from the shipping carrier.
- All estimated shipping dates regarding your order provided by ALJ are for reference only, and shall not be considered a guarantee, warranty, or commitment by ALJ that your order will be delivered on that date. Since the actual delivery of your order may be impacted by events beyond ALJ’s control once it has shipped, ALJ cannot be held liable for late deliveries.
- ALJ offers a lifetime guarantee on rings purchased through the Service. If there’s an issue with your jewelry piece down the road due to a manufacturing defect, ALJ will always fix or replace it. (To be clear, this warranty only covers manufacturing defects; any damage to rings purchased through the Service subsequent to delivery is expressly excluded.) If you believe your jewelry piece has a manufacturing defect subject to this guarantee, please contact us at email@example.com to arrange for shipment of your jewelry piece to us. We will cover shipping, take a look at your ring, and contact you within 48 hours to let you know how we can help.
L. ORDER CHANGES, RETURNS, & CANCELLATIONS
- So long as the jewelry piece is in original unworn condition, with all packaging and documentation (including the original AGS Certificate that accompanied your order), ALJ allows returns anytime before 60 days following the date your order is delivered to you.
- ALJ will cover all shipping costs for returns – however, please do not ship us anything to be returned without contacting us first at firstname.lastname@example.org, as we will send you all necessary shipping and packaging materials for you to use to complete the return. Please note that returns will only be processed for rings sent to us with LUMINOUS pre-authorized labels and packaging.
- All returns must include the original AGS Certificate that accompanied your order. If the AGS Certificate is not received by ALJ along with your returned ring, you will be charged a $250.00 replacement fee.
- ALJ also allows order changes and cancellations anytime before your order is shipped.
- After an order is returned or cancelled, you can expect to receive your refund within 7-10 business days.
- If you would like to return, change, or cancel an order, please contact us at email@example.com for further instructions and arrangements.
M. THIRD PARTY LINKS PROVIDED ON THE SERVICE
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links may include links contained in advertisements, including banner advertisements and sponsored links. ALJ has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damages that may arise from your use or access thereof. If you choose to access any third party program, web site, application, software, and/or platform linked to this Service, you do so entirely at your own risk, and subject to the terms and conditions of use for such program, web site, application, software, and/or platform.
N. ADVERTISEMENTS AND PROMOTIONS ON THE SERVICE
ALJ may run advertisements and promotions from third parties on the Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than ALJ, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. ALJ is not responsible or liable for any loss or damage whatsoever incurred as a result of any such dealings or as the result of the presence of such non- ALJ advertisers on the Service.
O. DIGITAL MILLENNIUM COPYRIGHT ACT
ALJ respects the intellectual property rights of others, and expects users of the Service to do the same. ALJ will respond to notices of alleged copyright infringement that comply with applicable law and are properly delivered to us. ALJ reserves the right to remove content on the Service alleged to be infringing without prior notice and in its sole discretion. In appropriate circumstances, ALJ will also terminate the account of a user determined to be a repeat infringer.
If you believe that your work has been copied or used via the Service in a way that constitute copyright infringement, you may notify ALJ by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512):
- [i] The copyright owner’s name (or company name), your full legal name, title, job position, and relationship to the copyright owner, and your full mailing address, telephone number, and email address.
- [ii] A description of the copyrighted work that you claim has been infringed.
- [iii] A description of the material on the Service that you claim is infringing (including a description of where such material is located [e.g., URL]).
- [iv] A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, any agent thereof, or the law.
- [v] A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or a person authorized to act on the copyright owner’s behalf.
- [vi] An electronic or physical signature of the person authorized to act on the copyright owner’s behalf.
ALJ’s Agent for notices of claims of copyright infringement occurring on the Service can be reached as follows:
DMCA Designated Agent
A. Link Jewelry Co., LLC
450 Seventh Avenue
New York, NY 10123
Inquiries that do not comply with all of the requirements of 17 U.S.C. § 512 may not be effective. Please be aware that if you knowingly materially misrepresent that material, content, or activity on the Service infringes upon your copyright, you may be held liable for damages (including costs and attorneys’ fees) under 17 U.S.C. § 512(f).
P. DISCLAIMER OF WARRANTIES
- THE SERVICE, ITS CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. ALJ AND ITS EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS, AND AGENTS (COLLECTIVELY, THE “ALJ DISCLAIMING PARTIES”) DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
- THE ALJ DISCLAIMING PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE, ITS CONTENT, OR PRODUCTS OFFERED THEREIN, ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ALJ DISCLAIMING PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
- THE ALJ DISCLAIMING PARTIES DO NOT ENDORSE ANY CONTENT OR MATERIAL MADE AVAILABLE ON OR THROUGH THE SERVICE, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUCH CONTENT.
- NO STATEMENT OF THE ALJ DISCLAIMING PARTIES OR ANY OF THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
Q. LIMITATION OF LIABILITY
- UNDER NO CIRCUMSTANCES WILL THE ALJ DISCLAIMING PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, ITS CONTENT, ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SERVICE, YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE OR ANY PRODUCTS OFFERED THEREIN, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ALJ DISCLAIMING PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION OR ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ALJ DISCLAIMING PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE ALJ DISCLAIMING PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) IN NO EVENT WILL THE ALJ DISCLAIMING PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
- YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ACTS OR OMISSIONS OF ANY OF THE ALJ DISCLAIMING PARTIES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY PROGRAM, WEB SITE, APPLICATION, SOFTWARE, PLATFORM, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY ANY OF THE ALJ DISCLAIMING PARTIES (INCLUDING, WITHOUT LIMITATION, THE SERVICE), AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY PROGRAM, WEB SITE, APPLICATION, SOFTWARE, PLATFORM, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY ANY OF THE ALJ DISCLAIMING PARTIES (INCLUDING, WITHOUT LIMITATION, THE SERVICE).
- IN NO EVENT SHALL THE ALJ DISCLAIMING PARTIES’ LIABILITY TO YOU BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM. (NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)
- You will cooperate as fully required by ALJ in the defense of any such claim. ALJ reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ALJ.
- For any dispute you have with ALJ, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute informally.
- ALJ reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with ALJ.
T. TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to the Service and/or your relationship with ALJ must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
U. ADDITIONAL PROVISIONS
6. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ALJ to any registration requirement within such jurisdiction or country. ALJ reserves the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in their sole discretion, and to limit the quantities of any content, program, product, service or other feature provided within the Service.
7. ALJ does not represent or warrant that the Service or any part thereof or any products offered through the Service is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
8. Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.