Jeweler Solutions MEMBERSHIP AGREEMENT TERMS AND CONDITIONS


PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF AGREEMENT BEFORE USING THE SITE [SUBMITTING THE JEWELER SOLUTIONS MEMBERSHIP APPLICATION].


By using this site [submitting the Jeweler Solutions Membership Application], you signify you are at least eighteen years of age, you have read these entire terms and conditions of membership of Jeweler Solutions (the “Agreement”) and agree to them in their entirety. Jeweler Solutions reserves the right, at its discretion, to reject any application for any reason and to change, modify, add or remove portions of these terms of membership at any time. Your continued use of this site, or purchase or lease of goods through this site, following the posting of changes to these terms means you accept those changes.

INFORMATION SENT FROM USERS [APPLICANTS]- All information a user [applicant] sends to Jeweler Solutions, as between the user [applicant] and Jeweler Solutions, becomes the sole property of Jeweler Solutions and is transmitted at the sole risk of the user [applicant]. Jeweler Solutions assumes no liability for interception of such transmissions. All emails, forms, messages, applications, ideas and suggestions sent to Jeweler Solutions will, as between the user [applicant] and Jeweler Solutions, become the sole property of Jeweler Solutions.

DISCLAIMER- JEWELER SOLUTIONS MAKES NO WARRANTIES REGARDING THE SITE [APPLICATION] OR SERVICES, AND JEWELER SOLUTIONS HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, THE CONTENT AND THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY JEWELER SOLUTIONS, OR JEWELER SOLUTIONS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY. JEWELER SOLUTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE [APPLICATION] IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY- UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL JEWELER SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE, OR THE INABILITY TO USE, THE SERVICES OR ACCESS THE SITE, EVEN IF JEWELER SOLUTIONS OR A JEWELER SOLUTIONS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU WAIVE YOUR RIGHTS IF ANY UNDER INDIANA CIVIL CODE, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” In no event shall the aggregate liability of Jeweler Solutions exceed the total charges of the order giving rise to such liability.

INDEMNIFICATION- By using this site [submitting your application], you agree to indemnify, defend and hold Jeweler Solutions harmless from and against any loss, cost, damage, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by you, (b) any fraud, manipulation or other breach of this agreement by you or any user [applicant] using your account name or number, or (c) any third-party claim, action or allegation brought against us arising out of or relating to a dispute with you over the terms and conditions of a contract or related to the purchase or lease of any goods or services. You agree not to settle on any action or claim on Jeweler Solutions’s behalf without Jeweler Solutions’s prior written consent.

TERMINATION- Jeweler Solutions reserves the right, in its sole discretion, and without liability, to terminate your access to all or part of this site, with or without notice.

OTHER- Indiana law shall govern the construction and enforcement of this Agreement and the parties agree that any litigation pertaining to this Agreement shall be adjudicated in courts located in Indianapolis, Indiana. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between Jeweler Solutions and you relating to the subject matter herein and shall not be modified except in a writing signed by both parties.