EarthGem Privacy Policy

EarthGem Privacy Policy EarthGEM is respectful of the privacy of its visitors. This notice applies to all information collected or submitted on the earthgemjewelry.com website. When you place an order with us, the personal information collected may include the following: name, address, phone number, email address, credit/debit card information, billing information to process your order. If your order is a gift to be sent directly to another recipient, you will need to submit the recipient’s name, address and phone number. We use this information only to complete your order. We do not share this information with outside parties except to the extent necessary to complete that order. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. We do not use or share the personally identifiable information provided to us online in ways unrelated to the ones described above. We use “cookie” technology on our website. When you log in, the cookie tells us whether you’ve visited us before or are a new visitor. The cookie doesn’t track any personal information about you or provide us with any way to contact you, and the cookie doesn’t extract any information from your computer. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of 18, you may use our website only with involvement of a parent or guardian. EarthGEM reserves the right to refuse service, terminate accounts, remove or edit content, deny access to the Site to anyone at any time, or cancel orders in their sole discretion. When you visit earthgemjewelry.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically by e-mail or posting notices on this Site. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Should you have other questions or concerns about these privacy policies, please contact us at sales@earthgemjewelry.com and we will be happy to answer your questions or hear your concerns. Copyright Copyright (c) 2006 EarthGEM All rights reserved, EarthGEM, 14501 Flax Court, Purcellville, VA 20132 Copying, reproduction, retransmission, or redistribution of any material contained in earthgemjewelry.com in whole or in part or in any medium or form is prohibited without express permission. Permission to use earthgemjewelry.com material is granted on a case-by-case basis. EarthGEM reserves the right to change this material at any time. EarthGEM is not responsible for third-party material appearing on earthgemjewelry.com forums. Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to the User or to any third party or to any other person who may receive information in the Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby. Intellectual Property Infringement Claims It is the policy of EarthGEM to respond expeditiously to claims of intellectual property infringement. EarthGEM will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, EarthGEM will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. EarthGEM will terminate access for subscribers and account holders who are repeat infringers. Please direct any notices of claimed copyright infringement to the person or entity at the addresses below: EarthGEM, 15 BayFront Place, Hampton, VA 23664 Product Descriptions EarthGEM attempts to be as accurate as possible. EarthGEM does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by EarthGEM itself is not as described, your sole remedy is to return it in unused condition. Purchase of Services You may have the opportunity to order or receive services through the Site directly or through links on the Site. All Services (unless otherwise noted as owned or offered by earthgemjewlery.com are provided by third-party vendors ("Vendors") pursuant to agreements, licenses or other arrangements between that Vendor and you. All aspects of your transactions regarding the Services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Service should be directed to that Vendor. By using the Site you acknowledge and agree that EarthGEM and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Services ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor. You may have the option to purchase Services over this Site using a credit card by sending that information over the Internet. This Site uses encryption technology to protect the information from access by unauthorized third parties. However, neither EarthGEM nor any Vendor can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither EarthGEM nor any Vendor will have any liability if the applicable encryption technology fails to protect your information. Risk of Loss All items purchased from EarthGEM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Disclaimer of Warranties and Limitation of Liability This Site is provided by EarthGEM on an “as is” and “as available” basis. EarthGEM makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, or products included on this Site. You expressly agree that your use of this Site is at your sole risk. To the full extent permissible by applicable law, EarthGEM disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. EarthGEM does not warrant that this Site, its servers, or email sent from EarthGEM are free of viruses or other harmful components. EarthGEM will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. By visiting EarthGEM, you agree that the laws of the state of Virginia will govern these Conditions of Use and any dispute of any sort that might arise between you and EarthGEM or its associates. Disputes Any dispute relating in any way to your visit to EarthGEM or to products your purchase through EarthGEM shall be submitted to confidential arbitration in Virginia, except that, to the extent you have in any manner violated or threatened to violate EarthGEM’s intellectual property rights. EarthGEM may seek injunctive or other appropriate relief in any state or federal court in the State of Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s decision 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 under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitrations proceedings or otherwise. The foregoing notwithstanding, nothing in these Terms and Conditions of Use will be deemed to preclude any party from using the legal process of any court with jurisdiction to seek remedy for any infringement of copyright, trademark rights, or other property rights. User Conduct and Participation This Site and its contents, including but not limited to artwork, images, logos, graphics, photographs, text and trade names, are the property and copyrighted material of EarthGEM, its licensors and vendors. Content includes any material from the Site that EarthGEM delivers to you through e-mail. You may display the content and otherwise use the Site solely for your personal, noncommercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, create derivative works from transfer, link to, quote or sell any content except as expressly permitted by the copyright laws, in this agreement, without the express written permission of EarthGEM. EarthGEM’s logos, product names and trade names are its trademarks or registered trademarks. All trademarks used on the Site are the property of their respective owners. You may not use EarthGEM’s trademarks except with the express written permission of EarthGEM. You may post material to message boards, forums and other interactive areas of the Site. However, you may not post any material that is defamatory, libelous, obscene, indecent, abusive or threatening to others; infringes the copyright, trademark or other right of any third party; uploads viruses or other contaminating or destructive features; is commercial in nature; or is in violation of any applicable laws or regulations. You are solely responsible for ensuring that any material you post complies with the foregoing conditions and will indemnify EarthGEM, its officers, associates and employees from and against all claims, liabilities, judgments, damages and costs (including attorney’s fees) which arise out of materials you have posted on the Site. If EarthGEM becomes aware of any material that it believes may violate the foregoing conditions, it may, at its sole discretion, remove or modify the material. You grant to EarthGEM the right to copy, publish, distribute, modify, translate and otherwise use in any medium any material that you place on the Site by any means, without compensation to you. By using this site, you acknowledge and agree that EarthGEM and its associates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the products ordered or received through this Site. EarthGEM reserves the right to change this Site at any time at its sole discretion without notice to users.