Terms Of Service
A. BEFORE USING THIS WEBSITE, PLEASE READ CAREFULLY.
Terms of service (“Terms”) are a legal agreement between you (“you”) and KPS Jewels LLC DBA SWJ LLC (“us”, “we” or “our”) in respect of your access to and use of our website, located at www.Serenawilliamsjewelry.com.
You agree to be bound by these Terms by accessing or using our website including the class action waiver and mandatory arbitration provision for certain types of disputes in section 9. We will not grant you permission to access and use the website if you don’t agree with these Terms,
To use the site, you must be at least 18 years of age. If you use this site on behalf of another person or entity:
Our website is directed to people residing in the United States. The content available on or related to our website is not appropriate for other countries.
Terms of Sale will apply to any purchase you make from this site.B. LIMITED LICENSE; USE RESTRICTIONS
The website, including the text, graphics, images, photographs, videos, illustrations and other content contained herein, are owned by us are protected under both United States and foreign laws.
All rights in and to the website are reserved by us or our licensors except as expressly stated in these Terms;
You must not use the website in or for any unlawful manner or purpose, or to act maliciously or fraudulently. This includes but is not limited to:
C. INTELLECTUAL PROPERTY
The website may allow you and other users to create, post, store and share content, including text, photos, and other materials (collectively, “User Content”). You retain all of your ownership rights in and to any User Content you provide except for the license you grant in points 1 through 5 below:
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
Enforcement of this section D is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section D does not create any private right of action on the part of any third party or any reasonable expectation that the website will not contain any content that is prohibited by such rules.E. COPYRIGHT INFRINGEMENT POLICY
If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify us at:
SWJ LLC: Legal
12E W 46th St., 8th floor
New York, NY 10017
*NOTE: This contact information is for inquiries regarding potential copyright infringement only. For notices sent via email, please include "DMCA" in the email subject line.
To be effective, your notification must (i) be in writing and signed, (ii) be provided to our copyright agent, and (iii) include substantially the following:
The company has the right to remove any content, user contributions, or other material from the website at any time.F. PRIVACY
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or the website (collectively, “Feedback”). You understand that:
The website may contain links to third party websites and services (“Third Party Sites and Services”). The links to these Third Party Sites and Services are provided for your convenience only. You acknowledge that we have no control over the Third Party Sites and Services (including the failure of any links to them) and are not responsible for their contents and/or availability.
To the maximum extent permitted by law and subject to the sections below, SWJ LLC , our affiliates, subsidiaries, parent entities, and each of our directors, officers, agents, contractors, partners and employees (individually and collectively, the “SWJ LLC s”) will not be liable to you under any theory of liability whether such losses arise in contract, tort (including negligence), warranty or otherwise for any indirect, consequential, incidental, or special damages or lost profits, even if the SWJ LLC Parties have been advised of the possibility of such damages. The total liability of the SWJ LLC Parties for any claim arising out of or relating to these Terms or the website, regardless of the form of the action, shall not exceed $100.
Please note that we only provide our website for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms will limit or exclude our liability for:
Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Your use of the website is at your sole risk.
1. Except as otherwise provided in a writing by us, we provide the website on an “as is” and “as available” basis;
2. We make no guarantee and do not represent or warrant that the website will be accurate, complete, reliable, current, uninterrupted, error free, or free from viruses or other harmful components;
3. While we attempt to make your use of the website safe, we cannot and do not represent or warrant that the website or our servers are free of computer viruses and/or other malicious programs or harmful components and we accept no liability for them;
4. You assume the entire risk as to the quality and performance of the website
5. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the website, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the SWJ LLC Parties from and against any losses, liabilities, claims, demands, damages, expenses or costs (collectively, “Claims”) arising out of or related to your:
Read this section carefully. It requires you to arbitrate certain disputes and claims with SWJ LLC and limits the way you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below.
1. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial;
2. No Representative Actions. You and SWJ LLC agree that any dispute arising out of or related to these Terms or the website is personal to you and SWJ LLC and that such dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding;
3. Arbitration of Disputes. Except for small claims disputes in which you or SWJ LLC seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or SWJ LLC seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and SWJ LLC waive your rights to a jury trial and to have any dispute arising out of or related to these Terms, our Terms of Sale, and/or products or services purchased through the website resolved in court.
a. Instead, for any dispute or claim that you have against SWJ LLC, you agree to first contact SWJ LLC and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to SWJ LLC by email at info@SerenaWilliamsjewelry.comor by certified mail addressed to info@SerenaWilliamsjewelry.com.
b. The Notice must:
Our notice to you will be similar in form to that described above. If you and SWJ LLC cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by the American Arbitration Association or, under the limited circumstances set forth above, in court. All disputes submitted to the American Arbitration Association will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings may be conducted in the county of your residence, telephonically or via video conference, at our discretion, and in accordance with the American Arbitration Association Rules and Procedures. The most recent version of the American Arbitration Association rules is available on the American Arbitration Association website and is hereby incorporated by reference. You either acknowledge and agree that you have read and understand the American Arbitration Association rules or waive your opportunity to read the American Arbitration Association rules and waive any claim that the American Arbitration Association rules are unfair or should not apply for any reason.
You and SWJ LLC agree that these Terms affect interstate commerce and that the enforceability of this section J will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the American Arbitration Association rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, SWJ LLC and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and SWJ LLC agree that for any arbitration you initiate, you will pay the filing fee and SWJ LLC will pay the remaining American Arbitration Association’s fees and costs. For any arbitration initiated by SWJ LLC , SWJ LLC will pay all American Arbitration Association fees and costs.
Any claim arising out of or related to these Terms or the website must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and SWJ LLC will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section 9 by writing to us at info@SerenaWilliamsjewelry.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with section 16.
If any portion of this section J is found to be unenforceable or unlawful for any reason:
Further, if any part of this section J is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section J will be enforceable.L. LINKING TO OUR SITE
Link to the SWJ homepage is provided if one does so in a way that is fair and legal and does not damage or take advantage of our reputation.
1. You may not frame or deep link this website;
2. The website from which you are linking must comply in all respects with applicable laws; and,
3. You must not establish a link in such a manner that suggests endorsement, association or approval on our part where none exists.
We may terminate these Terms and your permission to use the website immediately if:
Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the website (and/or your access to it) at any time with or without notice to you.
On termination of these Terms for any reason:
When your use of the website ceases, any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.N. PROMOTIONS
From time to time, the website may offer sweepstakes, contests or other promotions that, for participation, require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used.
If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we will do so by using the contact details you provide to us. You agree that communications and transactions between us may be conducted electronically.P. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the provisions of these Terms operate separately. If any court or competent authority decides that any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Other than as expressly set out in these Terms, no third party is intended to have any right or ability to enforce any of the provisions of these Terms.
The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms constitute the entire agreement and understanding between you and us relating to the subject matter of these Terms and supersede any prior agreement or understanding between you and us relating to the subject matter of these Terms.
You acknowledge that you have not entered into these Terms in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms (other than in respect of any fraudulent misrepresentation).Q. GOVERNING LAW AND VENUE
Any dispute arising from these Terms and your use of the website will be governed by and construed and enforced in accordance with the laws of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of New York and the United States, respectively, sitting in New York, New York.R. CHANGES TO TERMS
We reserve the right to revise these Terms at any time. If we make changes, we will provide you with notice of such changes, such as by amending this page. The amended Terms will be effective immediately and your continued use of the website after any such amendments are published on the website will be considered acceptance by you of such amended Terms. If you do not agree to the amended Terms, you must stop using the website. Updated terms will supersede all previous versions of the Terms. Please check this page regularly to take notice of any changes we have made, as they are binding on you. The date these Terms were last updated appears at the bottom.S. CONTACT US
Questions and comments regarding these Terms should be sent to: info@SerenaWilliamsjewelry.com