Terms of Use

General Terms of Use

Last Updated: 2/2/2023

To use our website, www.witzjewelrydesign.com, (the “Website”), you are subject to these Website Terms of Use (these “Terms of Use”). The Website and everything on it are collectively referred in this agreement as the “Service”. By using the Service, you agree to be bound by, and use the Website in compliance with, these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.

The terms "you," "your," and "yours" refer to you, the visitor to the Website. The terms "Witz Jewelry Design," "we," "us," and "our" refer to Witz Jewelry Design, LLC. We may periodically make changes to these Terms of Use. It is your responsibility to make sure you are aware of the latest version of these Terms of Use frequently and in order to see if any changes to it have been made. You agree that your perpetual use of the Website after such changes have been made to the Website shall constitute your acceptance of the revised Terms of Use.

License to Use the Website

Subject to these Terms of Use, we grant you a non-exclusive, non-transferable license to use the Service for your personal use and not for resale, or wholesale or any form of distribution. Your right to use the Service is limited by the terms set forth in these Terms of Use.

Except for this license granted to you, we retain all proprietaries in and to the Website, including all related intellectual property rights. The Service is protected by intellectual property laws, including The United States copyright law and international laws or treaties.

Except as explicitly given in these Terms of Use or permitted by applicable law, you will not, and will not allow third parties to: (a) copy, modify, transmit, enhance, disassemble, reverse engineer, or create any external works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features of the Service.

Access to the Website; Modifications to the Website

It is your responsibility to have the equipment necessary to access the Service. You are responsible for all fees charged by third parties to access the Service (e.g., charges by internet service providers).

We retain the right to discontinue or modify, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

You must be 18 or older to use the Service.

Restrictions

You must comply with all applicable laws, including U.S. export control laws, when using the Website. Only as expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) copy, modify, distribute, or resell any of the information; visual or other content made available on the Website (“Website Content”) or compile or collect any Website Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Website Content; (c) rent, lease, or sublicense your access to the Website to another person; (d) use the Website or Website Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Website; (f) use the Website in a manner that threatens the integrity, performance, or availability of the Website; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website or Website Content.

Submissions

You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Witz Jewelry Design, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available.

You agree that Witz Jewelry Design is free to use any comments, information, ideas, designs, concepts, reviews, or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitations, through postings to the Website or social media without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website and our products and services. Furthermore, by posting any Submission on the Website, submitting information to us, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Service.

Links and Third Party Content

The Website may contain links to third party services and websites. We exercise no control over the third party services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

Use Restrictions

You are solely responsible for all content you submit on the service. You will not use the Service to: (a) upload, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm Witz Jewelry Design or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent yourself; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law. (e) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "pyramid schemes," or any other forms of solicitation; (f) upload, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with the Website or servers or networks connected to the Website, or disobey any requirements, policies or regulations of networks connected to the Website; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (h) write comments that in any way refer to persons under 18 years of age; or (i) collect or store personal data about other users.

If you see content on the Website that violates these use policies, please contact us at amanda@witzjewelrydesign.com.

Limitation of Liability

WITZ JEWELRY DESIGN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WITZ JEWELRY DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE, WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL WITZ JEWELRY DESIGN’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WEBSITE OR WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You will indemnify and hold Witz Jewelry Design, and its employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service, Website or Website Content, your violation of these Terms of Use, or your violation of any rights of a third party through use of the Service, Website or Website Content.

Updates to this Website and License Agreement

We may occasionally update the Website and these Terms of Use. When we do, we will revise the “last updated” date on these Terms of Use. You should check this Website and these Terms of Use frequently to see recent changes. Your continued use of the Service after such changes will be subject to the then-current terms of use. This version of these Terms of Use shall supersede all earlier versions.

Legal Notices

Enforcement of these Terms of Use will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Website will lie in the State and Federal courts located in Sacramento California , and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Witz Jewelry Design to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Witz Jewelry Design in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contacting Us

If you have any questions or concerns about the Website or these Terms of Use, please send us a thorough description by email to amanda@witzjewelrydesign.com.