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COMPLIMENTARY DOMESTIC OVERNIGHT SHIPPING WITH CODE 2024

Terms of Use

Effective Date: May 9, 2018

These General Terms and Conditions of Use (these “Terms of Use”) govern the access or use by you, an individual, of this website and the content, products, and services contained thereon (collectively, the “Website”) of Brown Taher LLC (the “Company”). Please read these Terms of Use carefully before accessing or using the Website. Please also carefully read the Terms and Conditions of Sale (the “Conditions of Sale”) below, which, along with the Terms of Use, will govern any order you place through the Website.

1. General

Your access and use of the Website constitutes your agreement to be bound by these Terms of Use, which establishes a contractual relationship between you and Company. If you do not agree to these Terms of Use, you may not access or use the Website. These Terms of Use expressly supersede prior agreements or arrangements with you. In these Terms of Use, the words “including” and “include” mean “including, but not limited to.” Company may immediately terminate these Terms of Use or the Website with respect to you, or generally cease offering or deny access to the Website or any portion thereof, at any time for any reason.

Company may amend the Terms of Use related to the Website from time to time. Amendments will be effective upon Company’s posting of such updated Terms of Use at this location. Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms of Use, as amended.

2. Intellectual Property

Ownership

The Website, all products displayed thereon, and all rights therein are and shall remain Company’s property or the property of Company’s licensors, as applicable. Neither these Terms of Use nor your use of the Website convey or grant to you any rights: (i) in or related to the Website; or (ii) to use or reference in any manner Company’s company names, logos, product and service names, trademarks or services marks or those of Company’s licensors.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website except as expressly permitted by Company in writing; (iii) decompile, reverse engineer or disassemble the Website; (iv) link to, mirror or frame any portion of the Website; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; or (vi) attempt to gain unauthorized access to or impair any aspect of the Website or its related systems or networks.

3. Your Use of the Website

User Accounts

The Company may require you, in order to access certain aspects of the Website or place an order, to register for and maintain an active user account or submit your information (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration may require you to submit to Company certain personal information, such as your name, mobile phone number, date of birth, gender, address, and email. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Website or Company’s termination of these Terms of Use with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Company in writing, you may only possess one Account.

User Requirements and Conduct

The Website is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to access the Website on your behalf. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Website, and you may only use the Website for lawful purposes. You will not in your use of the Website cause nuisance, annoyance, inconvenience, or property damage. In certain instances you may be asked to provide proof of identity to access or use the Website, and you agree that you may be denied access to or use of the Website if you refuse to provide proof of identity.

User Provided Content

Company may, in Company’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Company through the Website or via any other electronic means, textual, audio, and/or visual content and information, including but not limited commentary and feedback related to the Website, user profiles, and initiation of support requests (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Company, you grant Company a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Website and Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Company the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content, nor Company’s use of the User Content as permitted herein, will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Company in its sole discretion, whether or not such material may be protected by law. Company may, but shall not be obligated to, review, monitor, or remove User Content, at Company’s sole discretion and at any time and for any reason, without notice to you.

4. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF USE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE WEBSITE OR ANY SERVICES OR GOODS OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, OR SAFETY OF ANY PRODUCT OR SERVICE OF ANY THIRD PARTY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, AND ANY SERVICE OR GOOD OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE OR YOUR PURCHASE OF ANY GOODS OR SERVICES THEREON, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE WEBSITE OR YOUR INABILITY TO ACCESS OR USE THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE OR ANY PRODUCTS OR SERVICES YOU PURCHASE THEREON, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100). THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify and hold Company and its officers, directors, employees, shareholders, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Website or services or goods obtained through your use of the Website; (ii) your breach or violation of any of these Terms of Use; (iii) Company’s use of your User Content; or (iv) your violation of the rights of any third party.

5. Mobile Message Services Terms and Conditions

The RENNA Alerts service (the "Service") is operated by RENNA ("RENNA", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and Data Rates May Apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted-in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from RENNA via text messages through your wireless provider to the mobile number you provided. Message frequency is recurring. Text the single keyword command STOP to +1 844-729-2854 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other RENNA mobile message programs and wish to cancel, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 844-729-2854 or email hello@rennajewels.com.

We may change any short code or telephone number we use to operate the Service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Service prior to changing your mobile number.

You agree to indemnify, defend, and hold us harmless from any third party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

6. Other Provisions

These Terms of Use constitute the entire and exclusive and final statement of the agreement between you and the Company with respect to the subject matter hereof, and govern your use of the Website, superseding any prior agreements or negotiations between you and Company, written or oral, with respect to the subject matter hereof. In the event that you purchase goods on the Website, the Terms of Sale will also apply to you, and shall be interpreted alongside these Terms of Use. These Terms of Use and the relationship between you and Company shall be governed by the laws of the State of New York, USA, without giving effect to any choice of laws or principles that would require the application of the laws of a different jurisdiction. Any legal action, suit or proceeding arising out of or relating to the Terms of Use or Terms of Sale, or your use of the Website, must be instituted exclusively in the state and federal courts located in the State of New York, USA, and in no other jurisdiction. You further consent to personal jurisdiction and exclusive venue in, and agree to service of process issued or authorized by, any such court. Company’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use cannot be transferred or assigned by you without Company’s prior written consent. We may change the Terms of Use, the Terms of Sale, or the Company Privacy Policy, from time to time.

 

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