Terms and Conditions

The following rules and regulations apply to all visitors to or users of the Every Jewel’s website, the home page of which is at EveryJewel.com. By using this website, you agree to be bound by these rules and regulations, as they may be modified by Every Jewel at any time and posted on this website. In the event of a violation of these rules and regulations, Every Jewel’s reserves the right to seek all remedies available by law and in equity.

When you use this website, you are automatically agreeing that both your access to the site and your use of it are:

• Subject to the terms and conditions in this legal notice, which may change at any time without notice.
• Subject to all applicable laws.
• Undertaken at your own risk.

Please refer to this page frequently to review our current terms and conditions of use.

Limited License
The following elements of this website are the property of Every Jewel and are protected by United States and international copyright laws and other U.S. and international laws and treaties.

• All text, graphics, logos, button icons, images, photographs, artwork, digital downloads, and data.
• All software or website computer code.

All materials are provided by Every Jewel as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes. No right, title or interest in our products or website materials is conveyed to you. This is a limited license, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its materials without our prior written permission; (b) you may not access or use the Every Jewel’s website for any competitive or commercial purpose; and (c) you will not permit any copying of our materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Every Jewel’s materials is prohibited. Every Jewel may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Every Jewel.

You have permission to print hard copies of pages from this web site solely for personal, non-commercial purposes related to placing an order or shopping with EveryJewel.com. Unless we give you written permission in advance, any other use of this website, its content and its information is strictly prohibited.

Trademarks
Every Jewel retains all rights regarding their trademarks, trade names, trade dress, and brand names. These marks and names, and all associated logos or images, are registered and/or common law trademarks of Every Jewel, LLC and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Every Jewel’s website. Your misuse of the trademarks displayed on the Every Jewel’s website is strictly prohibited. You are also advised that Every Jewel will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Every Jewel has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.
One or more patents may apply to this Website, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.

Electronic Gift Certificate Terms & Conditions:
The following Terms & Conditions govern use of the Every Jewel Electronic Gift Certificate. Any modification must be in writing and signed by both parties.

• Every Jewel Electronic Gift Certificates are not redeemable for cash, nor can they be returned for a cash refund.
• An Every Electronic Gift Certificate is immediately redeemable once the recipient receives our email notification, which is sent within one business day of the completion of your order.
• Delivery to an incorrect but deliverable email address is the sole responsibility of the purchaser.
• Delivery to a nonexistent email address is the sole responsibility of the purchaser.
• Every Jewel is not responsible for lost or stolen Every Jewel Electronic Gift Certificates.

Errors and Inaccuracies
Our goal is to provide complete, accurate, up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions -- including after an order has been submitted -- and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

Limitation of Liability
In no event will Every Jewel be liable to any party for direct, indirect, incidental, special, or consequential or punitive damages for use of this site or any other hyperlinked websites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages

We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we and our employees, contractors, and successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this website or any other website linked to it or from it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, costs of replacements, business interruption or the loss of data or information, even if Every Jewel is expressly advised about the possibility of such damages. In such jurisdictions, the foregoing limitations on liability may not apply to you.

In no event shall the total liability of EveryJewel.com or its affiliates arising directly or indirectly from this site or any products available or purchased through this site shall exceed the lesser of the amount paid by you to EveryJewel.com for the single product at issue, or $100 dollars ($100). You hereby acknowledge that all the provisions described on this web page will apply to all use of the site, the information contained on the site, and products available or purchased through the site, and transactions conducted at the site.

Every Jewel sometimes provides consumers with reproductions or replicas of “public domain” designs, or “original” designs that are comparable in quality and/or look to products sold by famous designers/manufacturers. Even though some of the products sold on our site may look similar to those sold by famous designers, they are not manufactured or licensed by any famous designer, unless clearly indicated on in the product description.

Occasionally, we stock and advertise a product that appears to be a copy of a protected work. Because we respect the intellectual property rights of third parties, EveryJewel.com’s policy is to suspend the sale of any items claimed to be infringing, provided the third party owner provides reasonable evidence to allow our staff and legal counsel to conduct an investigation. When we discover and conclude that an item infringes the intellectual property rights of a third party, EveryJewel.com will permanently remove that item from sale.

Your Communications
Any information, materials, suggestions, ideas, concepts, techniques, or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

Disputes
Any dispute relating in any way to your visit to our website or to products purchased here shall be submitted to confidential arbitration in Rockville, Maryland. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Maryland. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

Should a dispute arise between the Parties which cannot be resolved by the Parties in good faith negotiations, both Parties agree to submit such dispute to arbitration in Rockville, Maryland, before a single arbitrator familiar with the Uniform Commercial Code using the Commercial Rules of the American Arbitration Association, with the following modifications to be enforced by the arbitrator consistent with Maryland law: (a) any such arbitration proceeding shall be confidential as to the existence, content, and results of the arbitration; (b) depositions shall not exceed two (2) per party and all must be completed within a single day; (c) document requests are limited to no more than ten (10) clearly identified categories of documents which must be provided to the requesting party within five (5) business days of the request; (d) each party shall have no more than eight (8) hours to present its position; and (e) the entire hearing shall last no longer than three (3) business days. The award, if any, shall be rendered no more than thirty (30) days following the end of the proceeding. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Both Parties expressly agree that any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall bear its own attorneys' fees and costs in connection with the proceedings and shall share equally the fees and expenses of the arbitrator.

Protecting Your Information
As part of our ongoing commitment to ensure that your shopping experience with EveryJewel.com is protected, EveryJewel.com will prosecute all unauthorized or fraudulent transactions to the fullest extent allowed by law.

Information on Our website
At Every Jewel, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products 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.

Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, Every Jewel states that carat total weight for synthetic and semiprecious stones may vary from stated weight.

Linking:
Periodically, links may be established from this website to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Every Jewel’s website. None of such links should be deemed to imply that Every Jewel’s endorses the Third Party Sites or any content therein.

Every Jewel does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Every Jewel will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Website Revisions:
Every Jewel may terminate, change, suspend or discontinue any aspect of this website, including the availability of any features of the site, at any time and without notice. Every Jewel also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Every Jewel may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this website after any changes to these terms are posted will be considered acceptance of those changes.

Limited Stock
"Clearance", "Close Out", “Sale”, and "Special Purchase" offers are limited to stock on hand. When we offer our merchandise at discounted prices, as you might expect, we often experience a high volume of orders. When that happens, our real-time inventory system sometimes is not able to keep up with demand, and we may have to cancel certain orders after they are accepted. We apologize for any inconvenience should this occur with your order.

Questions?
If you have any questions about our Terms and Conditions, please send us an email. Our goal is to provide you with full service and complete satisfaction, and we look forward to serving you in the future.