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Welcome to pearlicity.com. By utilizing the latest technology to ensure secure, hassle-free shopping, pearlicity.com (“Website”) can provide you with a broad range of high quality jewelry. Keep in mind, however, that we here at Pearlicity (“Pearlicity” “Us,” or “We”) provide our services to you, whether personally or on behalf of an entity (“You”), subject to the following notices, terms, and conditions (“Terms” or “TAC”). By accessing and browsing the Website, using any of the services we offer, signing up for promotional mailings and emails, purchasing products from us, communicating with us, and/or registering with us, you agree to be bound fully by the provisions below, without change, as are published at such time.
Internet technology and applicable laws, rules, and regulations change frequently. Accordingly, Pearlicity reserves the right to make changes to the Terms at any time. Your use of the Website after such changes have been made constitutes assent to any new provisions of this tac that may be posted on the website. However, under no circumstances shall any changes to these Terms be applied retroactively.
We recommend that you print out a copy of these Terms for your records. Upon request, we each agree to sign and provide each other with a signed copy of these Terms.
Product Transactions on the Website. Products may only be purchased by individuals who can form legally binding contracts under applicable law. The Website is not intended for persons under the age of 13. Minors under 18 and at least 13 years of age may only access the Website if they have appropriate permission and direct supervision by a responsible adult. Children under age 13 are not permitted to use the Website. You are responsible for any and all account activity conducted by a minor on your account.
Prohibited Conduct. In your use of the Website, you may not (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party (ii) disrupt or interfere with the security or use of the Website, (iii) interfere or damage the Website, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology, (iv) attempt to use another‘s account, or personal information, impersonate another person or entity, misrepresent your affiliation with another person or entity, including Pearlicity, federal, state or municipal government, a political candidate, or create a false identity (v) attempt to obtain unauthorized access to the Website or portions of the network that are restricted from general access, (vi) engage, directly or indirectly, in transmission of ‘spam,‘ chain letters, junk mail or any type of unsolicited solicitation, (vii) collect, manually or through automatic process, information about other users without their express consent or other information related to the Website, (viii) use meta tags or other “hidden text” utilizing Website, Pearlicity's name, trademarks, or product names, (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Website, (x) engage in any activity that interferes with any third party‘s ability to use or enjoy the Website, or (xi) assist any party in engaging in any activity prohibited by these TAC.
If you become aware of any conduct that violates these TAC, Pearlicity encourages you to contact us, Pearlicity reserves the right, but will have no obligation, to respond to such communications.
Intellectual Property Rights
Copyright. The graphic and textual content, arrangement, and assembly of this site is the property of Pearlicity or its content suppliers and protected by U.S. and international copyright laws. Users should feel free to use this site as a shopping resource, but any other use of the site, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. In addition, the software used on this site is the property of Pearlicity or its software suppliers and is protected under U.S. and international copyright laws.
Trademarks. "Pearlicity" is a registered trademark and Pearlicity designs, products, graphics, logos, product names, and service names are trademarks of Pearlicity. These trademarks may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages, or discredits, or dilutes Pearlicity, its trademarks or goodwill. Any other trademarks not owned by Pearlicity that appear on this site are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission.
Ownership and Use. Pearlicity will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these TAC or otherwise, except as set forth in this TAC. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on Website in the normal course of your use of the Website. You may not use any third-party intellectual property without express written permission of the applicable party, except as permitted by law.
DMCA Copyright Policy and Copyright Agent. Pearlicity respects the intellectual property rights of others and expects its users to do the same. If you believe Website or a user of the Website has infringed intellectual property please notify us and provide the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
An identification of the intellectual property claimed to have been infringed.
A detailed description of the material you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner its agent, or the law.
A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
Representations, Warranties, and Indemnification
By Each Party. Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under these TAC, (ii) the assent to and performance by it of its obligations under these TAC do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) these TAC constitute legal, valid and binding obligations of the parties assenting to these TAC, enforceable in accordance with these terms and conditions.
By You. You represent and warrant to Pearlicity that (i) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual or proprietary right of Pearlicity in your use of Website, and (ii) You will comply with all applicable laws, rules and regulations in your use of the Website, including these TAC.
Indemnification. You agree to hold Pearlicity and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost, or expense (including without limitation attorney‘s fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these TAC by you or (ii) arising from, related to, or connected with the Website. If you are obligated to provide indemnification pursuant to this provision, Pearlicity may in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Pearlicity. In some states, including the State of New Jersey, there are limitations on the enforceability of indemnification agreements in connection with consumer purchases of goods or services. In those states, this provision shall be enforceable to the fullest extent permitted by law.
Disclaimers, Exclusions, and Limitations
DISCLAIMER OF WARRANTIES. PEARLICITY PROVIDES ITS WEBSITE “AS IS” AND “AS AVAILABLE” BASIS. PEARLICITY DOES NOT MAKE ANY REPESENTATIONS OR WARRANTIES CONCERNING PROVISION OF WEBSITE SERVICES. PEARLICITY DOES NOT REPRESENT OR WARRANT THAT IT (I) WILL PROVIDE UNINERRUPTED SERVICE OR ACCESS, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.
PEARLICITY MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TAC OR ITS RETURN POLICY AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
EXCLUSION OF DAMAGES. PEARLICITY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. PEARLICITY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF PEARLICITY OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY. EXCEPT FOR A PARTY‘S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE TAC OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TAC, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TAC, OR SERVICES OR PRODUCTS PROVIDED BY WEBSITE EXCEED THE AMOUNT PAID BY YOU TO PEARLICITY FOR ANY PRODUCT(S).
IN SOME STATES, INCLUDING THE STATE OF NEW JERSEY, THERE ARE LIMITATIONS ON THE ENFORCEABILITY DAMAGES LIMITATIONS IN CONNECTION WITH CONSUMER PURCHASES OF GOODS OR SERVICES. IN THOSE STATES, THESE PROVISIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.
Returns. Pearlicity gladly accepts returns of any unused, unworn product. Please contact us prior to sending back any product.
LEGAL DISPUTES – AGREEMENT TO ARBITRATE AND CLASS ACTION AND JURY TRIAL WAIVERS
At Pearlicity, we hold, in the highest regard, our relationships with our customers. Should a dispute arise, we work hard to make things right with every consumer, including those who purchase products from us. Sometimes, a third party may be necessary to help us resolve our disputes, and these Terms limits us both to arbitration (or small claims court, if a claim qualifies) in all instances.
YOU AND PEARLICITY AGREE THAT ALL DISPUTES BETWEEN US THAT WE CANNOT RESOLVE INFORMALLY MUST BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.
YOU AND PEARLICITY FURTHER AGREE TO WAIVE ALL RIGHTS WE MAY HAVE TO A TRIAL BY JURY OR TO LITIGATE OUR DISPUTES IN COURTS OTHER THAN SMALL CLAIMS COURT.
YOU AND PEARLICITY ALSO AGREE TO WAIVE ALL RIGHTS TO PARTICIPATE IN ANY WAY IN A CLASS ACTIONS/CLASS ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR OTHERWISE TO ASSERT OR PROCEED WITH ANY CLAIM AGAINST EACH OTHER ON A COLLECTIVE OR CONSOLIDATED BASIS. IN THIS REGARD, NO ARBITRATION BETWEEN US WILL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY.
This arbitration requirement extends to Pearlicity's agents, attorneys, representatives, employees, service providers, and suppliers, including all affiliated companies (including parents, subsidiaries, and sibling corporations), and our respective heirs, successors, and assigns.
You and Pearlicity agree that any claim between us involves commerce under and is governed exclusively by the Federal Arbitration Act (the “FAA”), and not by any state or local laws which might place limits on the scope or availability of arbitration or way imposing requirements beyond or inconsistent with the FAA.
If for any reason this arbitration agreement between us does not apply or is not enforceable, despite our mutual intention that it apply fully to all of our disputes, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in North Carolina (except for small claims court actions which may be brought in the county where you reside). In such cases, the parties expressly consent to exclusive jurisdiction in North Carolina for any litigation other than small claims court actions.
Governing Law. Except with regard to our arbitration agreement, which is governed by Federal Arbitration Act, the law which shall resolve all disputes between the parties shall be the laws of North Carolina and the United States of America without reference to conflicts of laws principles.
Changes to the Website or Service. Website may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of Website, temporarily or permanently, at any time without notice to you, and Website will not be liable for doing so.
Termination. Pearlicity will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to You or any third party, to terminate your account or your access to Website, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of these TAC, (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) you exceeding your credit card limit; (v) or “chargeback” of a fee or other payment.
If your account is terminated, Pearlicity may, in its sole discretion, delete any web sites, files, graphics or other content or materials relating to your use of Website in its possession.
Following termination, you will not be permitted to use Website.
Waiver of Class Action Rights. By entering into these TAC, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these TAC or Pearlicity products must be asserted individually.
Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of Website or Pearlicity's products must be brought within one calendar year after such claim or cause of action arises, or forever be barred.
Integration. These TAC contain the entire understanding of the you and Pearlicity regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.
Additional Terms. These TAC will be binding upon each party hereto and is successors and permitted assigns. These TAC and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferrable by you without the prior written consent of Pearlicity. No failure or delay by a party in exercising any right, power or privilege under these TAC will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any right, power, or privilege under these TAC. You and Pearlicity are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these TAC. The invalidity or unenforceability of any provision of these TAC will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
Copyright © 2021 Pearlicity. ALL RIGHTS RESERVED.