Terms & Conditions
These terms and conditions apply to the web site located at www.grownbrilliance.com, and all associated web sites linked to www.grownbrilliance.com (collectively the “Site”) operated by AJS Creations LLC, its subsidiaries and affiliates (collectively hereinafter “AJS”). Please read these terms and conditions (the 'Terms and Conditions') carefully. BY VISITING AND/OR USING THE SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not wish to be bound by these Conditions, do not access or use the Site.
Change of Terms
These Terms and Conditions govern your use of, and any purchase from, the Site, and constitute an agreement between you and AJS. AJS reserves the right to change or add new terms to any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or addition will be effective immediately upon posting of the revisions or additions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
The Site and all content and other materials, including, without limitation, the Grown Brilliance logo, and all designs, text, icons, graphics, logos, images, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of AJS or its affiliates, licensors or users and are protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material Site is owned by or licensed to AJS. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Site without the written permission of AJS or any third party that may own such trademarks or service marks.
Grown Brilliance™, the Grown Brilliance™ logos, and any other product or service name or slogan contained in our Site are trademarks of AJS Creations LLC I and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AJS Creations or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Grown Brilliance" or any other name, trademark or product or service name of AJS without our prior written permission. All other trademarks, registered trademarks, product names and Grown Brilliance names or logos mentioned in our Site are the property of their respective owners.
Use Of the Site
You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (exceptwhere prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of AJS, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our thirdparty fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
If you're interested in a piece of jewelry that is currently on back order, email us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. Inadvertent errors or inaccurate advertised prices are not binding on AJS, and may be adjusted by AJS at any time. AJS reserves the right to correct any and all errors when they do occur. If an order is placed with a product's listed price that is lower than the actual price, AJS will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Our prices are also subject to change without notice. Should AJS change a retail price, offer a site discount, or offer a promotional discount via email, social media advertisement, or other advertisement, AJS will, in its sole discretion, match the lower or discounted price upon notification by you within thirty (30) days of your original purchase. In the case of a price match, AJS will issue a credit for the difference of the price paid less the discounted price to the original purchase method. AJS does not price match finished jewelry against any other website or competitor. AJS does price match loose diamonds against US competitors. If you have any questions, please do not hesitate to contact one of our specialists at [email protected].
Loose Diamonds Price Match Guarantee Terms & Conditions
Price Match is only available on loose lab grown diamonds, and not finished/complete pieces of jewelry. Diamonds available to be set in our Design Your Engagement Ring section are eligible for Price Match review.
The following terms and conditions apply to the loose diamond price match guarantee: (a) The competing price should be publicly visible to all, and cannot be a unique or individual sale. Diamond marketplace sites that average listings from other retailers are not eligible for the pricematch program; (b) The two lab created diamonds being compared must have the same characteristics of carat weight, cut, color and clarity, as well as the shape. Grown Brilliance agents will have the sole discretion of whether or not the diamonds are comparable; (c) The Price Match Guarantee is applicable only before you make your purchase with us. We will not, in any circumstance, issue a partial refund due to a Price Match requested after the purchase is made; (d) To authenticate the compared pricing, the customer must provide our diamond consultants with a link to the competitor's diamond. All Price Match requests must be made via email to [email protected]; (e) The diamond must be from a legitimate certified retailer and not an individual or private seller. Price Match Guarantee is not eligible for resale or commercial uses; (f) The lower price must be in effect at the time that your request is being verified by Grown Brilliance.We will not entertain expired offers or prices; (g) Pricing of the competitor's diamond must be in USD; (h) The competitor's diamond should be an item that can be purchased at the time of comparison and should be in-stock; (i) Special promotions by the competitor such as rebates, gift certificates, bundled products and "buy one, get one" offers are not eligible for the Price Match Guarantee; (j) Pawn shops and auctions (websites or brick & mortar stores) are ineligible for the Price Match Guarantee; (k) The Price Match Guarantee cannot be combined with any influencer or affiliate partner offers including offers, coupons, loyalty, rebate, or reward partnerships; (l) The Price Match evaluation by our agents may take up to two (2) business days. Customer will be informed of the decision, and should the Price Match be awarded, a one-time coupon code matching the price will be issued via email.
We accept PayPal and credit card payments. We also accept bank wire transfers for orders over $500.00. After you have selected your jewelry and provided shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your order, you authorize us and our thirdparty payment processors to charge the amount of the order to your selected payment method.
Your Account and Order
When you access or use the AJS website or your personalizedaccount, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use grownbrilliance.com only under the guidance and direction of a parent or guardian. Please note that AJS reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
In the case where a customer files a chargeback, AJS has the right to recover its direct and indirect costs, and cancel any promotional items, free shipping, or other benefits, as determined in sole and absolute discretion.
Please review our shipping policy here.
Passage of Title
Title for goods purchased passes from AJS to the purchaser's designee at the time that goods are delivered to the designee.
Signature Requirements for Delivery
For your protection, AJS insures and registers all items for their full value. AJS requires that all deliveries must be made to a physical business or home address only - we do not ship to P.O. Box addresses. We also require an adult to sign for the delivery of all orders.
Customers who buy repeatedly and return all or most of the items they purchase, causing AJS to endure excessive and costly re-stocking of merchandise, are subject to being designated as Returns Abusers. AJS has the sole, unfettered discretion to designate Returns Abusers as such. AJS further reserves the right to limit access to this website and/or terminate the accounts of any users whom AJS has determined to be Returns Abusers.Please review our return and exchange policy here.
Cancellation of Products
AJS reserves the right to cancel products or services to any customer for any reason at any time. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.
When you order a loose diamond, AJS will ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at highly-respected diamond laboratories. These diamond grading reports are extremely expensive to replace and as a result of this, AJS requires each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of one hundred US dollars ($100.00).
We do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a jewelry item, please contact one of our diamond and jewelry specialists at [email protected], and we would be happy to help you make your choice.
Information on Our Site
AJS is committed to providing current and accurate information on our web sites, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate or complete.
Information that we communicate is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policies.
Products may appear on our website larger or smaller than their actual size. Given the variation in computer monitor settings, color and size may vary slightly when viewing product photography. In compliance with industry standards and FTC regulations, carat total weight may vary 0.05 carats from stated weight. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as a minimum. In some cases, we list the minimum color and clarity of both the center diamond and the side diamonds. These details can be found in the product details of the item on the product page. All diamonds within the piece are at or above the stated quality on the product page.
AJS retains the full unrestricted rights to all jewelry designs, whether custom or standard, and may choose to market or sell jewelry based on such designs.
All representations including representations regarding gemstone origin, recycled content of precious metals, and estate information, are provided to the best of AJS knowledge and without guarantee or warranty of any kind.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, AJS has the sole discretion to terminate and bar specific website users or Siteaccount holders who under appropriate circumstances are determined to be repeat infringers. AJS further reserves the right to limit access to this website and/or terminate the account of any users whom AJS reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
AJS may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. AJS does not monitor or have any control over any Third Party Content or third party Sites. AJS does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. AJS does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Advertisements and Promotions
AJS may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and AJS is not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of, advertisers other than AJS and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Feedback and Submissions
You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, AJS, or the AJS products or services that are provided by you to AJS in any form are non-confidential and upon submission, shall become the sole property of AJS. AJS shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant AJS and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.
By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from Grown Brilliance at the cell number used when signing up. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply. View Terms & Privacy
Social Media User Content
At times, AJS may reach out to social media users to seek their permission to feature our favorite content on our Site, social channels, or in promotional materials. AJS may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments and other materials from social media sites, in connection with AJS 's business, product features, marketing, promotional, advertising and other consumer-related activities.
When you respond to a request for permission to use your social media User Content, you are granting AJS and its related agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and thirdparty service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the "Licensed Parties") a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your social media User Content in any manner to be determined in the Licensed Parties' sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your social media User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You are also granting the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your social media User Content.
You are also agreeing, representing and warranting that (i) you are solely responsible for your social media User Content, (ii) you own all rights in and to your social media User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such social medial User Content, (iii) you are not a minor, (iv) the Licensed Parties' use of your social media User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the social media User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
The Licensed Parties reserve the right to remove any social media User Content from the Site. If you believe any content, including social media User Content, residing on the Site infringes any person's or entity's copyright rights, please contact AJS.
Product Reviews and User Content
AJS 's website and social media accounts include or may include in the future a product review feature, discussion forums, user generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials or other items on our website or social media accounts ("Interactive Areas"). You shall be solely responsible for your use of such Interactive Areas. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following: (a) Any message, data, information, text, music, sound, photos, video, graphics, code or other material ("User Content") that is or would reasonably be considered to be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, statute or regulation, including, but not limited to, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of AJS, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose AJS or its users to any harm or liability of any type.
If you post User Content to our website, email User Content to AJS, and/or provide AJS permission to use, repost, or otherwise share User Content you have created or shared on social media, you grant AJS a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant AJS and sublicensees the right to use the name that you submit in connection with such content, if they choose to do so. You represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the right to such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
AJS disclaims any responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor shall AJS be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter as a result of said User Content posted. Your use of the AJS Interactive Areas is at your own risk. AJS is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Additionally, AJS reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our website at your sole cost and expense.
Any use of the Interactive Areas or other portions of the AJS website in violation of the foregoing paragraph violates these Terms and Conditions and may result in termination or suspension of your rights to use the Interactive Areas and/or our website.
AJS 's California Transparency in Supply Chains Act Statement
AJS Creations LLC is passionate about cultivating a more transparent, sustainable, and compassionate jewelry industry. AJS Creations LLC is committed to taking actions to help safeguard against modern slavery in its operations and supply chain.
AJS evaluates the business operations and sourcing practices of Suppliers prior to engaging with them in an effort to better understand the risks of modern slavery in that Supplier's operations. This evaluation includes an assessment of Supplier-provided data of their sourcing practices and business operations, as well as a review of other information available to and requested by AJS.
Suppliers undergo assessments that include the evaluation of modern slavery risks in their supply chain. Our Suppliers may be subject to in-person, announced assessments by AJS or announced thirdparty audits.
Suppliers are expected to provide written acknowledgement of compliance with our Supplier Code of Conduct, which includes our expectations regarding human rights issues including the prohibition of modern slavery in our supply chain. The Code includes expectations regarding Suppliers' policies and practices to safeguard against modern slavery in their operations.
AJS employees are expected to abide by policies in our Employee Handbook, which include prohibitions against the use of modern slavery. These documents also outline the Company's other human rights standards, and procedures for reporting any alleged violations of AJS policies. Violation of these guidelines can result in disciplinary action, up to and including termination of employment. If a Supplier is unable to meet our requirements as specified in the Code or we have reason to believe that a Supplier is not meeting said requirements, we would implement a corrective action plan and terminate the Supplier if warranted.
AJS standards and policies are regularly communicated to employees, including during their onboarding orientation. Employees with roles and responsibilities related to supply chain management also receive specific training related to our supply chain policies and procedures, including vendor evaluation procedures to mitigate human rights risks.
AJS has established a Vendor Compliance Team to review current industry standards, and conduct due diligence of our supply chain, including mitigating risks associated with human rights. In addition, we partner with thirdparty firms to develop a deeper understanding of relevant trends and risks in our supply chain.
Disclaimer of Warranties
This site, the content contained therein and the products provided in connection therewith (the "products") are provided on an 'as is' and 'as available' basis. AJS makes no representations or warranties of any kind, whether express or implied, as to the operation of this site or the information, content, materials or products included on it. You expressly agree that your use of this site is at your sole risk, by your own free will, and that you are solely responsible for any consequences arising from this use. without limiting the foregoing, AJS disclaims all warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, title, and non-infringement as to the information, content, and materials on the site. AJS, does not warrant that this site, its servers, or its electronic communication are accurate, reliable, complete, current or free of viruses or other harmful components.
Limitation of Liability
In no event shall AJS, its directors, members, employees, affiliates, or agents or any other party involved in creating, producing, or delivering the AJS products be liable to you or any third party for damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, including negligence, arising out of or in any way connected with or resulting from the use of our site, the products, the services or the content contained in or accessed through the AJS site, or that results from the reliance by user on any information obtained from AJS, including any error or omission regarding listed diamond origin, any mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance of the AJS site, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to AJS programs or services, even if AJS is expressly advised of the possibility of such damages, or even if the loss, damage or expense was caused by AJS, its directors, members, employees, affiliates or agents. in no event shall AJS liability be greater than the price you paid for the product or service that is the basis for the claim.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
You agree to defend, indemnify, and hold harmless AJS, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the AJS Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against AJS and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Notwithstanding any of these Conditions, AJS reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
These Conditions contain the entire understanding of you and AJS with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and AJS with respect to the subject matter hereof. The failure of AJS at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of AJS to thereafter enforce each and every provision of these Conditions. No waiver by AJS of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.
Modification And Notice
You agree that AJS may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
These Conditions and your use of this Site shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity or any dispute, claim or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof, (collectively, "Claims") shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are waiving the right to a trial by jury. This arbitration provision shall survive the termination of these Conditions, as well as any other contractual agreement that you have with the Company.
You acknowledge and agree that, by agreeing to these Conditions, the Federal Arbitration Act ("FAA") shall govern the interpretation and enforcement of this provision and that any such arbitration must proceed with the American Arbitration Association ("AAA"), before a mutually agreed upon single arbitrator licensed to practice law. It will be conducted in accordance with the then-prevailing Arbitration Rules of the AAA and the arbitrator shall be bound by these Conditions. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties.
In case of European cross border dispute, you can contact the "Online Dispute Resolution" platform of the European Union via this link: ec.europa.eu/odr
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
If you have any questions, please do not hesitate to contact us.
Terms and Conditions updated on January 16, 2023.