Terms of service

Last updated: 5/29/24

 

Welcome to maddalonijewelers.com (the "Website"). The Website is owned and operated by Maddaloni Jewelers ("we", "us", or "our"). By accessing or using the Website, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with these Terms of Use or our Privacy Policy, you must not access or use the Website.

1. License to Use the Website

We grant you a non-exclusive, non-transferable, revocable, and limited license to access and use the Website for your personal and non-commercial use, subject to your compliance with these Terms of Use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website, unless expressly authorized by us.

2. User Conduct

You agree to use the Website in a lawful, respectful, and responsible manner. You agree not to:

  • Use the Website for any illegal, fraudulent, harmful, or unauthorized purpose;
  • Interfere with or disrupt the operation, security, or functionality of the Website or any network, server, or system connected to or accessible through the Website;
  • Transmit or introduce any virus, malware, spyware, or other harmful or malicious code to or through the Website;
  • Attempt to gain unauthorized access to any part of the Website, or any data, information, or content stored on or transmitted through the Website;
  • Harvest, collect, or use any personal information or data of other users or visitors of the Website without their consent;
  • Violate or infringe any intellectual property, privacy, or other rights of us or any third party;
  • Post, upload, or transmit any content that is unlawful, defamatory, obscene, abusive, harassing, threatening, hateful, or otherwise objectionable;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • Use any automated means, such as bots, spiders, scrapers, or scripts, to access, monitor, or manipulate the Website or any data, information, or content on or transmitted through the Website;
  • Engage in any conduct that may damage, impair, or overburden the Website or our reputation, goodwill, or business.

We reserve the right, in our sole discretion, to monitor, review, edit, remove, or block any content or activity on the Website, and to suspend, terminate, or restrict your access to or use of the Website, at any time and for any reason, without notice or liability.

3. User Content

The Website may allow you to post, upload, or transmit content, such as comments, reviews, feedback, or suggestions. You retain all rights and ownership of your User Content, but you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content, in any media and for any purpose, including for commercial or promotional purposes. You also grant us the right to use your name, username, or likeness in connection with your User Content, if we choose to do so.

You represent and warrant that:

  • You own or have the necessary rights and permissions to post, upload, or transmit your User Content and to grant us the license above;
  • Your User Content does not violate or infringe any intellectual property, privacy, or other rights of us or any third party;
  • Your User Content does not contain any unlawful, defamatory, obscene, abusive, harassing, threatening, hateful, or otherwise objectionable material;
  • Your User Content does not contain any virus, malware, spyware, or other harmful or malicious code;
  • Your User Content is accurate, complete, and up-to-date, and does not mislead or deceive anyone.

We are not responsible or liable for any User Content or for any loss or damage caused by or resulting from any User Content. We do not endorse, support, or guarantee the truthfulness, accuracy, or reliability of any User Content. You are solely responsible for your User Content and for any consequences of posting, uploading, or transmitting it. You agree to indemnify and hold us harmless from any claims, damages, liabilities, or expenses arising from or related to your User Content.

4. Intellectual Property Rights

The Website and all its content, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio, video, software, data, and information, are owned by us or our licensors, and are protected by applicable intellectual property laws. You may not use, copy, reproduce, modify, distribute, display, perform, or create derivative works from any part of the Website or its content, features, or functionality, without our prior written consent.

The trademarks, service marks, trade names, logos, and slogans that appear on the Website are our property or the property of our licensors, and may not be used without our prior written consent. Nothing on the Website should be construed as granting any license or right to use any trademark, service mark, trade name, logo, or slogan without our prior written consent or the consent of the respective owner.

5. Links to Other Websites

The Website may contain links to other websites that are not owned or controlled by us. These links are provided for your convenience and reference only, and do not imply any endorsement, affiliation, or sponsorship by us. We are not responsible or liable for the content, products, services, or practices of any third-party website that is linked to or from the Website. You access and use any third-party website at your own risk and discretion, and you should review the terms and conditions and privacy policy of any third-party website before accessing or using it.

 6. Disclaimer of Warranties

The Website and its content, features, and functionality are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not warrant that the Website or its content, features, or functionality will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any defects or errors will be corrected. We do not warrant or make any representations regarding the use, validity, reliability, or results of the Website or its content, features, or functionality, or any other website that is linked to or from the Website. Your use of the Website and its content, features, and functionality is solely at your own risk and discretion.

7. Limitation of Liability

To the fullest extent permitted by applicable law, we and our affiliates, directors, officers, employees, agents, licensors, or service providers will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, losses, or expenses, arising from or in connection with your use of or inability to use the Website or its content, features, or functionality, or any other website that is linked to or from the Website, or any act or omission by us or any third party, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages, losses, or expenses. In no event will our total liability to you for all damages, losses, or expenses exceed the amount paid by you, if any, for accessing or using the Website or its content, features, or functionality, or any other website that is linked to or from the Website, in the twelve (12) months preceding the date of the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above exclusions or limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

8. Indemnification

You agree to indemnify and hold us and our affiliates, directors, officers, employees, agents, licensors, and service providers harmless from and against any and all claims, damages, liabilities, costs, or expenses, including reasonable attorneys' fees, arising from or related to your use of or inability to use the Website or its content, features, or functionality, or any other website that is linked to or from the Website, or your violation of these Terms of Use, or any applicable law, or the rights of any third party.

9. Governing Law and Jurisdiction

These Terms of Use and your use of the Website are governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction and venue of the courts located in Huntington, NY for any dispute arising from or related to these Terms of Use or your use of the Website, and you waive any objections to such jurisdiction and venue.

10. Arbitration and Class Action Waiver

Any dispute, claim, or controversy arising from or related to these Terms of Use or your use of the Website, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by

binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration shall be administered

 

11. MADDALONI JEWELERS is a place to come for jewelry purchases.