PLEASE CAREFULLY READ THESE TERMS OF SERVICE (“TERMS”) BEFORE USING THIS WEBSITE, THE SERVICE, OR ANY OTHER CONTENT ACCESSIBLE ON OR THROUGH THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Section 1. The Service
1.1. CrushJewels.com (the “Site”) (“Crush Jewels” or “we”, “our” or “us”). We offer high quality jewelry products to consumers on the web(“Buyers”) with high end at wholesale discounted prices. We purchase inventory directly from factories around the globe in an effort to pass our savings on to out customers. We make these special deal offers available through the Site. Upon confirmation of payment, Crush Jewels, issues the Buyer a product (“Product”), which is shipped promptly after the completion of the order, directly from us to the buyers.
1.4. Because we are constantly innovating in order to provide better experiences for our users, we reserve the right to modify or discontinue any feature or aspect of the Site or the Service at anytime. We must also, therefore, reserve the right to change the Terms governing any User’s use of the Site and Service at any time. Any change in the Terms will be effective upon posting the changes to this Terms page. Any use by you subsequent to these changes will constitute your acceptance of such changes. Therefore, we suggest that you check back frequently to make sure you are always familiar with the current most current version of the Terms. As a sole exception to this, for any Supplier where we have countersigned an Offer schedule, the Terms will not be deemed changed as to that Offer.
Section 2. Terms Applicable to Buyers
2.1. Offers often come with limitations. Buyers need to read the applicable terms of the relevant Offer. For example, Similarly, Offers for goods or services purchased at discount prices are often also subject to time limits or other restrictions which may require the Buyer to complete the transaction within a certain timeframe or in a certain manner in order to receive the benefit of the Offer. We will use reasonable efforts to make any limitations known to you when we post the Offer. You are to adhere to these limitations or you agree to forfeit the purchase price of your good. We will always ship items as fast as possible after a sale is completed.
2.2. Crush Jewels does not knowingly collect any information from persons under the age of 13. If we determine that any content has been uploaded to the Site by someone under the age of 13, it will be removed. If you are between the ages of 13 and 18, please ask your parent’s permission before using the Site and the Service. Some Offers may be subject to further age limitations.
2.3. Unless expressly stated otherwise in the Offer, (i) there is a limit of one purchase per person per offer and. To the extent allowed by law, Purchases may be gifted or sold. However, Users purchasing multiple goods for the purpose of reselling may have their accounts frozen and may be banned from participating in future Offers. Neither the Supplier nor Crush Jewels will be liable if your good is lost or stolen.
2.4. The monetary value of items purchased on the site is NOT the promotional value stated on the face of the Good but IS the actual amount paid by the buyer(for example, but not by way of limitation, if the Buyer paid $50 for a Good which gives $100 retail listed value, the cash value that the Buyer paid is $50, not $100). If you are unhappy with your purchase, Crush Jewels will issue you a refund in the form of credit to CrushJewels.com. Amounts paid are non-refundable except to the extent that may be required by applicable law.
2.5. Crush Jewels will determine Buyer’s compliance with these Terms in its sole discretion. Crush Jewels reserves the right to restrict, suspend, deny or terminate access to all or part of the Site or Service by any Buyer and to deny access to any Buyer in its sole discretion without notice or liability of any kind.
2.6. Unless expressly specified in the Offer, your purchase of a Good does not include sales tax which may be due on the services or goods you receive thereunder.
2.7. Goods cannot be combined with any other Goods, third party certificates, coupons, or promotions, unless otherwise specified.
2.8. Goods may be applied only to merchandise or services sold by Supplier, and may not be applied to shipping or handling charges, unless otherwise stated.
Section 3. User Information and Account Security
3.2. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account. You agree that you will be solely responsible for all activities that occur by any user logged in using your account credentials. If you become aware of any unauthorized use of your password or of your account, you agree to notify Crush Jewels immediately at support@CrushJewels.com.
3.3. Crush Jewels will generally communicate with its Users by electronic means, such as email. As a User, you give consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Section 4. Acceptable Use and Third Party Links
4.1. User shall not use this Site or the Service for any unlawful purpose. Strictly prohibited actions include, but are not limited to, transmitting material: (i) that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable, (ii) that violates, misappropriates or infringes upon the rights of others in any way, (iii) that encourages others to commit unlawful acts, (iv) that contains advertising, publicity, or solicitation for a product or services that did not receive prior written approval from Crush Jewels, or (v) that inhibits other Users from using or enjoying the Site.
Section 5. Intellectual Property
5.1. All content and software on the Site is the property of Crush Jewels, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you receive specific permission to do so in a separate written agreement from Crush Jewels or the owners of the content. Unauthorized use of any content displayed by Crush Jewels is a violation of Canadian, United Stated and international copyright laws.
5.2. User acknowledges and agrees that “Crush Jewels Inc.” is the sole owner of the Brand marks “Crush Jewels” and that its ownership extends to all rights generally affiliated with ownership, including but not limited to any and all copyright and trademark rights, all rights of possession and all rights of use of the Brand.
Section 6. Limited Warranty.
6.1 THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICE, ALL CONTENT, AND THE OFFERS AND GOODS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CRUSH JEWELS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) WITH RESPECT TO: (A) THE SITE; (B) THE SERVICE; (C) THE OFFERS OR GOODS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE; (D) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY PARTY; (E) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL, OR DATA TRANSMITTED BY USERS TO THE SITE; OR (F) THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. CRUSH JEWELS DOES NOT WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6.2. CRUSH JEWELS DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE SITE OR THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, CRUSH JEWELS SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. BY USING THE SITE OR THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE SERVICES, OR THE OFFERS AND GOODS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE. FURTHER, CRUSH JEWELS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, SUPPLIERABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AS WELL AS IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE.
6.3. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE, THE DISCLAIMER WILL NOT APPLY TO THE EXTENT LIMITED BY THE APPLICABLE LAW OF SUCH JURISDICTION.
Section 7. Limitation of Liability
7.1. WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF SERVICE, CRUSH JEWELS FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE AS SET FORTH BELOW:
7.1.1. UNDER NO CIRCUMSTANCES SHALL CRUSH JEWELS, ITS SUBSIDIARIES OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “CRUSH JEWELS ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY INDIRECT LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE SITE OR THE SERVICE OR ANY OFFER; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF ANY THIRD PARTY PRODUCTS OR SERVICES; (3) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY; (4) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE OR SERVICE, EVEN IF FORESEEABLE OR EVEN IF ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY. IN ADDITION, CRUSH JEWELS’S LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CLAIM RELATED TO ANY OF THE FOREGOING SHALL BE CAPPED AT THE AMOUNT WHICH YOU HAVE ACTUALLY PAID TO CRUSH JEWELS IN CONJUNCTION WITH THE OFFER UNDER WHICH SUCH CLAIM FIRST AROSE. NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES CRUSH JEWELS’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY TO THE EXTENT IT CANNOT BE LIMITED OR EXCLUDED BY LAW.
7.1.2. THE CRUSH JEWELS ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, 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.
8.1.3. YOUR ACCESS TO AND USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND THE SERVICES.
8.1.4. YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CRUSH JEWELS’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR THE SERVICE.
Section 8. Indemnification
9.1. Supplier agrees to indemnify, defend, and hold harmless Crush Jewels and each of its officers, directors, owners, employees, and agents from and against all third party actions, suits, losses, liabilities, claims, expenses, damages, and costs of every kind and description including reasonable legal fees (collectively, “Losses”) arising out of (i) a material breach of any of its representations, warranties or covenants set forth these Terms; (ii) any claim resulting from injury or death as a result of services or goods offered by the Supplier, or (iii) any claim resulting from the Supplier’s breach of applicable law, negligence or willful misconduct. This obligation survives the termination or expiration of all Offers.
9.2. You hereby release Crush Jewels, its subsidiaries, affiliates, sponsors and advertisers, and their respective owners, officers, managers, members, agents and employees from any liability in connection with, and shall indemnify, defend and hold all of them harmless with respect to, any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with your violation of these Terms or any law, rule or regulation. You will cooperate as fully and reasonably as required by Crush Jewels in the defense of any claim.
Section 9. Governing Law, Arbitration
10.1 These Terms of Service, the interpretation of these Terms, and any claim, dispute, or controversy arising out of, relating to, or connected in any way with these Terms, the Site or any Service, shall be governed by and construed in accordance with the laws of the Canada, without regard to the principles of conflict of law
Section 10. Miscellaneous
11.1. These Terms of Service and the interpretation of these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to the principles of conflict of laws. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the Ontario, Canada. Except for a misuse or infringement of Crush Jewels’s intellectual property, any and all disputes, controversies and claims arising out of or relating to these Terms, the Goods, any Offer, the services related thereto, or concerning the respective rights or obligations of the parties hereto shall be settled and determined by the Canadian court system.
11.2. Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Site or Service are incorporated by this reference into these Terms for all purposes.
11.3. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Site and Service.
11.4. If any provision of these Terms shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such provision shall be deemed severable, and such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms.
11.5. No waiver on the part of Crush Jewels of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Crush Jewels.
11.6. Nothing in these Terms are intended to confer on any third party (whether referred to in the Terms by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms. This means that Buyer’s may not sue Suppliers directly for breach of these Terms and vice versa.
Section 11. Notice And Procedure For Making Claims Of Copyright Or Intellectual Property Infringement
12.1. Crush Jewels respects the intellectual property of others, and we ask our Users to do the same. Crush Jewels may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Crush Jewels’s copyright agent the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner`s behalf.
• Crush Jewels`s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: Support@CrushJewels.com
By mail: Crush Jewels, Inc. 2900 John Street, Markham, Ontario, Canada