Terms and Conditions

  1. OWNERSHIP OF SITE & AGREEMENT TO TERMS AND CONDITIONS OF USE

These terms and conditions of use (“Terms of Use”) apply to the Arizue website at Arizue.com, its affiliated businesses and Arizue websites across the world (collectively the “Site”) as well as our online jewelry retail services (the “Services”) provided by Arizue Inc. The Site is the property of Arizue and its licensors. The Site is operated by Arizue.

By accessing the Site, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed by the laws of your location and the federal laws of the United States of America applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and acknowledge that you do so voluntarily and are responsible for complying with all local laws.

BY USING/ACESSING THE SITE, YOU AGREE TO ABIDE BY THESE TERMS OF USE AND YOU ASSENT TO THE PRIVACY POLICY

AS LONG AS YOU COMPLY WITH THESE TERMS OF USE, ARIZUE GRANTS YOU A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO ENTER AND USE THE SITE AND SERVICES.

PLEASE READ THESE TERMS OF USE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

 

  1. PURCHASES

Arizue offers information on our products and the ability to place your order for such products. Order acceptance and the completion of a contract between you and Arizue (“Contract”) will take place only when you make full or part payment at checkout, unless you cancel the order prior to completion, or we do not accept it or later cancel the order in accordance with our terms below. For orders placed at our retail store, a contract of sale occurs at the point of full or part payment.

If you place an order from the United States, the Contract is between you and Arizue Inc. If you place an order from anywhere else in the world the Contract is between you and Arizue Inc. You agree to pay the amounts displayed to you at the time of purchase, as well as any applicable taxes and fees.

 

  1. CHANGES TO WEBSITE, SOFTWARE AND SERVICES

Arizue reserves the right to do any of the following, at any time, without notice or liability: 
a. to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, (temporarily or permanently) for any reason;
b. to modify or change the Site, or any portion of the Site, and any applicable policies or terms;
c. to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
d. change, remove, or discontinue any jewelry or other product design (“Design”), product, service, or promotion (including pricing) as advertised on the Site at any time without notice and you confirm that Arizue shall not be liable for any such change or removal.
e. change or discontinue any promotional discount vouchers or coupon codes at any time with notice and you confirm that Arizue shall not be liable for any such change or removal.
Please note that your continued use of the Site following any changes shall be deemed to be your acceptance of such change. Arizue shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Arizue reserves the right, at its sole discretion, to change, modify, revise, add or delete portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of, access to or browsing of the Site following the posting of changes to the Terms of Use means that you accept and agree to the changes regardless of whether or not you actually reviewed them. Changes will not apply to orders that have already been processed unless required by law.

 

  1. INTELLECTUAL PROPERTY RIGHTS & CONTENT OF THE SITE

The content on the Site, other than User Submissions (as defined below), including the text, trademarks, slogans, graphics, and photos created by and for Arizue and interactive features, as well as the “look and feel” of the Arizue Site (collectively "Content"), the related copyrights, trademarks, logos and other intellectual property rights contained therein ("Marks"), and all intellectual property rights, including copyright and design rights, in the product Designs, are owned by or licensed to Arizue subject to copyright and other intellectual property rights.
Content on the Site is provided to you on an “AS IS“ basis for your information and personal use only without any representations or warranties being made by Arizue regarding the Content.
You agree to not engage in the use, copying, reproduction, transmission, broadcast, display, distribution, sale, licensing or otherwise exploitation of any of the Site’s Content or User Submission (as defined below) other than expressly permitted herein. Arizue reserves all rights not expressly granted in and to the Site and the Content contained therein.

You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site or the Content therein. You are prohibited from accessing the Site or using the Services for the purpose of creating any competing product or service.

You acknowledge and agree that any materials, including, but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site or Services that you provide via email or other means (“Feedback“) are non-confidential and shall become the sole property of Arizue.
You hereby assign to Arizue the exclusive rights, including all intellectual property rights, in all Feedback and Arizue shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

  1. YOUR USE OF THE SITE

You agree not to implement or use automated systems including “robots”, “spiders”, or similar programs or devices that access the Site in any way to send more request messages to the Site servers in a given period of time than a human using a conventional web browser can in that same period of time. Nonetheless, Arizue grants permission to the operators of public search engines to use spiders to copy material from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Arizue reserves the right to revoke these exceptions either generally or in specific cases.

You agree not to use, distribute or collect anyone else’s personally identifiable information including email addresses, account names, or other User Submissions (as defined below) from the Site. In addition, you agree not to use communication systems available on the Site for any commercial solicitation purposes.
You also agree that you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.

 

  1. TERMINATION

Arizue may without prior notice, immediately terminate your Arizue account and access to the Site and any other Arizue services. Cause for such termination shall include: (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Site (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Site or any Arizue product.

Termination of your Arizue account may include all or some of the following: (a) removal of your access to all pages within the Site; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Site. Further, you agree that all terminations for cause shall be made in Arizue’s sole discretion and that Arizue shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site.

 

  1. DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ARIZUE, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, SHAREHOLDER, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF ARIZUE.COM, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES AND YOUR USE THEREOF. ARIZUE MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. ARIZUE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND ARIZUE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARIZUE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL ARIZUE, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, SHAREHOLDER, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE SITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ARIZUE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Arizue makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

  1. INDEMNITY

You agree to defend, indemnify and hold harmless Arizue, its subsidiaries, affiliates, directors, officers, shareholders, employees, licensors, agents or operators of Arizue, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including legal fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

 

  1. ABILITY TO ACCEPT TERMS OF USE

In consideration for your use of the Site, you represent that you are at least eighteen years of age or possess legal parental or guardian consent and are not a person barred from receiving services under the laws of the Province of Ontario and the federal laws of Canada or other applicable jurisdiction.
The Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.

 

  1. ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you. However, these Terms of Use, and any rights and licenses granted hereunder, may be assigned, transferred, delegated, and sublicensed by Arizue.

 

  1. GENERAL

No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Arizue’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

  1. VIOLATIONS OF THESE TERMS OF USE

Please report any violations of the Terms of Use to contact@arizue.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report Arizue, in its sole discretion, may investigate the matter and take such action as Arizue deems appropriate.

 

  1. SEVERABILITY AND SURVIVAL OF TERMS

If any of the provisions of these Terms of Use are held by a court or other authority of competent jurisdiction to be void, voidable, unlawful or unenforceable, such provisions shall be limited or severed from these terms (whichever course of action is determined to be the most appropriate) and replaced with a valid provision that best embodies the intent of these Terms of Use. The remaining provisions of these Terms of Use shall remain in full force and effect, such that the severing of any provision or portion of a provision contained in these Terms of Use shall not affect the validity and enforceability of any remaining provisions.

Any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

 

  1. ACCESSIBILITY

Arizue is committed to making our Site and Content accessible and user friendly to everyone.
If you are having difficulty viewing or navigating the Content on this Site, or have a suggestion on how to make the Site more accessible to people with disabilities, please contact us at contact@arizue.com.