CONDITIONS OF USE
Welcome to badler.com.
Maurice Badler Fine Jewelry Ltd. provides this site and the products
offered thereon to you subject to the following conditions. If you
visit or shop at badler.com you accept these conditions. Please read
them carefully.
Copyright ©2002-2008, Maurice Badler Fine Jewelry Ltd.
All content included on this site, including, but not limited to, text,
graphics, logos, button icons, images, digital downloads, and data compilations
is the property of Maurice Badler Fine Jewelry Ltd., its principals or
its content suppliers and is protected by United States and international
copyright laws. The compilation of all content on this site is the exclusive
property of Maurice Badler Fine Jewelry Ltd. and is protected by U.S.
and international copyright laws. You may not use any of the content or
software of or for this site without the expressed prior written consent
of Maurice Badler Fine Jewelry Ltd. for each such use.
TRADEMARKS
Maurice Badler, Maurice Badler Fine Jewelry Ltd, badler.com, scripts,
and service names are trademarks or trade dress of Maurice Badler Fine
Jewelry Ltd. or its principals. These trademarks and trade dress may not
be used in connection with any product or service that is not Maurice
Badler Fine Jewelry Ltd.’s product or service, and may not be used in
any manner that is either likely to cause confusion among customers or
users of this site (and/or potential customers or users of this site)
or that disparages or discredits Maurice Badler Fine Jewelry Ltd., its
principals, employees or suppliers. All other trademarks that appear on
this site are the property of their respective owners and you may not
do anything with them without the prior consent of such owners.
LICENSE AND SITE ACCESS
Maurice Badler Fine Jewelry Ltd. grants you a limited license to access
and make personal use of this site and not to download (other than page
caching) or modify it, or any portion of it, without the express prior
written consent of Maurice Badler Fine Jewelry Ltd. for each such incidence.This
license does not include any resale or commercial use of this site or
its contents; any collection and use of any product listings, descriptions,
or prices; any derivative use of this site or its contents; any downloading
or copying of account information; or any use of data mining, robots,
or other data gathering and extraction tools. This site and any portion
thereof may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any purpose without the express prior written
consent of Maurice Badler Fine Jewelry Ltd. for each such incidence. You
may not frame or utilize framing techniques or the like to enclose any
trademark, logo, or other proprietary information (including images, text,
page layout, or form). You may not use any meta tags or any other "hidden
text" utilizing Maurice Badler Fine Jewelry Ltd.’s name or trademarks.
Any unauthorized use of this site or any of its content terminates the
permission or license granted to you for the lawful or permitted uses
of this site. You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of badler.com so long as the link
does not portray badler.com, Maurice Badler Fine Jewelry Ltd, or its products,
services or suppliers in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any logo belonging to Maurice Badler
Fine Jewelry Ltd., its principals or suppliers or any its (or others’)
other proprietary graphic or trademark as part of the link.
RISK OF LOSS
All items purchased from badler.com are purchased pursuant to Maurice
Badler Fine Jewelry Ltd.’s standard shipment contract. Among other things,
this means that the risk of loss and title for such items pass to you
upon our delivery of the purchased item to the carrier and all the other
terms and conditions of your purchase will be as set forth by Maurice
Badler Fine Jewelry Ltd. in that contract and in any special conditions
that Maurice Badler Fine Jewelry Ltd. may deem appropriate to your purchase
and add to that contract for your purchase.
PRODUCT DESCRIPTIONS
Maurice Badler Fine Jewelry Ltd. attempts to be as accurate as possible.
However, Maurice Badler Fine Jewelry Ltd. does not warrant that product
descriptions, pictures or other content of this site are accurate, complete,
reliable, current, or error-free. If the product you purchased is not
as described or pictured, Maurice Badler Fine Jewelry, Ltd. shall have
the right to correct the description, picture or other error and your
sole remedy shall be the right to a refund of the amount paid by you,
provided and on the condition that you return the purchased product in
unused condition, together with original packaging.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MAURICE BADLER FINE JEWELRY LTD.ON AN "AS
IS", "AS AVAILABLE" BASIS. MAURICE BADLER FINE JEWELRY
LTD. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS DISPLAYED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAURICE BADLER FINE
JEWELRY LTD. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. MAURICE BADLER FINE JEWELRY LTD. DOES NOT WARRANT
THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MAURICE BADLER FINE JEWELRY
LTD. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAURICE BADLER FINE
JEWELRY LTD, ITS EMPLOYEES OR PRINICPALS WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
APPLICABLE LAW
By visiting badler.com or purchasing products through this site you agree
that the laws of the state and city of New York, without regard to principles
of conflict of laws, will govern these Conditions of Use, your use of
this site, the shipment contract for your purchases through this site
and any dispute that might arise regarding those matters.
DISPUTES
Any dispute relating in any way to your visit to or use of badler.com,
or to products you purchase through badler.com and the shipment contract
for such purchases shall be submitted to confidential arbitration in New
York City, New York except to the extent you have in any manner violated
or threatened to violate any intellectual property rights, for which intellectual
property right violations or threatened violations you agree Maurice Badler
Fine Jewelry Ltd. may seek any and all legal and equitable relief, including
injunctive relief, in any state or federal court in and for New York County,
New York, free of any and all restrictions contained herein and you consent
and agree to exclusive jurisdiction and venue of such courts.
Arbitration under this agreement shall be conducted under the commercial
arbitration rules then prevailing of the American Arbitration Association
(the “AAA”) before a single arbitrator selected by Maurice Badler Fine
Jewelry Ltd. from a pool of ten arbitrators randomly selected by the AAA.
The arbitrator's award shall be in writing, shall be final, binding and
conclusive with neither party having a right to any appeal, and may be
entered as a judgment in any court of competent jurisdiction. Each party
agrees that it shall pay their own fees and costs of arbitration and that
the arbitrator is not authorized to award any party any sum for the time,
costs and expenses, including legal fees, of the arbitration. Each party
also agrees that the arbitrator shall not have any right to award punitive
damages.
MODIFICATION AND SEVERABILITY
Maurice Badler Fine Jewelry Ltd. reserves the right to make changes to
its sites, policies, and these Conditions of Use at any time without prior
notice. If any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable from
these Conditions of Use and shall not affect the validity and enforceability
of the remaining conditions thereof.
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