TERMS AND CONDITIONS OF USE

Last Updated August 25, 2011

Your use of this web site is subject to the following terms and conditions. By accessing this website, you are agreeing with these terms and conditions and any applicable laws. These terms and conditions are subject to change without prior notice.

By making a purchase from Jewelista.com's site, you understand and agree that Jewelista.com may share information about you and your purchase with other companies for the purpose of processing your purchase, including fraud prevention, vendor direct shipping and credit card authorization.

SITE CONTENT.  All content, text, graphics, logos and images on this site, and all data compilations, code and software used on or incorporated into this site, and the compilation, arrangement or integration of all of the same, is subject to copyrights held by or licensed to Jewelista.com, is protected by U.S. copyright laws, and all rights thereto are specifically reserved. Permission is granted to electronically copy and print hard copies of pages from this site solely for personal, non-commercial purposes related to the placement of an order or shopping with Jewelista.com. Any other use of this site or content or information contained on this site is strictly prohibited, unless you obtain the prior written consent of Jewelista.com.

COPYRIGHTS AND TRADEMARKS.  All content, text, graphics, logos, page headers and images on this site, is subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Jewelista.com, or by others, including Jewelista.com's content suppliers, and are protected by U.S. copyright, trademark and other laws. Nothing on this site grants to you any license or right to use any copyright or trademark on this site without the prior written permission of its owner. The copyrights and trademarks may not be used in any manner that is likely to cause confusion among customers and the general public, or in any manner that disparages or discredits Jewelista.com. Except as expressly authorized, the use or misuse of any content on this site is strictly prohibited.

PRODUCT DESCRIPTIONS.  Independent designers will provide Jewelista.com with product descriptions. Product descriptions may contain typographical errors or inaccuracies and may not be complete or current. Jewelista.com reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.

PRODUCT IMAGES.  Jewelista.com has attempted to accurately depict the colors of the products offered on this site. However, the color you see depends on your computer monitor; therefore, Jewelista.com cannot guarantee that the color you see will be accurate. Also, depending on your monitor, the products may appear larger or smaller than their actual size. Some photographs and images may be enlarged to show detail. Also, gemstones and pearls are natural items. As a result, two pieces of the same item may have slight variations in appearance and may not be identical in appearance to the photograph or image of the product.

PRICING AND AVAILABILITY.  Jewelista.com makes every attempt to avoid errors in pricing, product information and product availability. If there is an error relating to pricing and availability, Jewelista.com reserves the right to correct any error, and in its sole discretion, to refuse or cancel any such order. All prices on this site are in U.S. dollars.

RISK OF LOSS.  All products are shipped to consumers using common carriers, such as FedEx, UPS and USPS.  The title and risk of loss for purchased products pass to the buyer upon Jewelista.com 's delivery of the products to the common carrier.  However, notwithstanding the foregoing, Jewelista.com will insure a product from the time of shipment to the time of a consumer's receipt of the product.  For product returns, a consumer will have to contact Jewelista.com for a USPS Prepaid Return Label, and Jewelista.com will ibnsure the product from the time it is received by USPS.

ACCOUNTS.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Jewelista.com only sells products to persons that are over 18 years of age and who can make purchases with a credit card or other authorized payment method. Jewelista.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its discretion.

LICENSE TO ACCESS AND USE SITE.  Jewelista.com grants you a limited license to access and personally use this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Jewelista.com . This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another vendor; or any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the prior written consent of Jewelista.com. You may not use any meta tags or any other hidden text utilizing Jewelista.com's name or proprietary property without the prior written consent of Jewelista.com. Any unauthorized use terminates the license granted by Jewelista.com to access and use this site.

You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Jewelista.com so long as the link does not portray Jewelista.com, its content suppliers or its products in a false, misleading, derogatory or otherwise offensive matter; however, you may not use any trademark, logo or other proprietary property of Jewelista.com without the prior written consent of Jewelista.com.

LINKS TO OTHER SITES.  There may be other web sites accessed from Jewelista.com's site.  These other websites are not under the control of Jewelista.com, and it is not responsible for the contents of these other sites. Jewelista.com makes no representations or warranties about any other web site that may be accessed through its site. If there is a link to another site, such a link does not constitute an endorsement of that site or the products or services on that site and is provided solely for the convenience and information of users of this site.

NO WARRANTIES.  THIS SITE, ITS CONTENT, INFORMATION AND PRODUCTS AVAILABLE ON OR THROUGH IT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATINS OR WARRANTIES OF ANY KIND. Jewelista.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR ITS CONTENT, INFORMATION OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Jewelista.com DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  Jewelista.com DOES NOT WARRANT THAT THIS SITE, OR ITS CONTENT, INFORMATION OR PRODUCTS AVAILABLE THROUGH THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Jewelista.com ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. You use this site at your own risk and you assume all responsibility for any expenses associated with service or repairs of any computer equipment used to access this site.

LIMITATION OF LIABILITY. IN NO EVENT WILL Jewelista.com, ANY AFFILIATES, OR THEIR AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF THIS SITE, ANY SITE LINKED TO THIS SITE, OR THE CONTENT CONTAINED ON THIS OR ANY SUCH SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF Jewelista.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

SOME STATE LAWS DO NOT ALLOW A LIMITATION 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, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION.  You agree to indemnify Jewelista.com and its affiliates and their respective officers, directors, employees, agents, distributors, vendors and other representatives from and against any and all third party claims, demands, liabilities, costs or expenses (including reasonable attorneys' fees) resulting from your breach of any of these terms and conditions of use.

GOVERNING LAW; JURISDICTION.  The terms and conditions of this site are governed by the laws of the State of New York and, where applicable, the laws of the United States of America, without reference to any conflicts of law principles. Any disputes between Jewelista.com and any user of this site or purchaser of any product from this site shall be resolved exclusively in the United States of America by the United States District Court for the Southern District of New York or the Supreme Court of the State of New York (New York County).

USER COMMUNICATIONS.  Any message you send to us via email, postcard, letter, voice mail or other transmission relating to your use of this site shall be and will remain the property of Jewelista.com, and Jewelista.com may use the message in any manner (including for promotional and commercial uses). However, Jewelista.com will not use your full name without your permission. You agree that any message will not violate the rights of any third party or contain any defamatory or otherwise unlawful materials. Jewelista.com reserves the right to edit and delete any messages or comments from this site.

SITE OPERATOR.  Aarohi Diamonds LLC. d/b/a Jewelista.com, 145 West 45th Street, New York, New York 10036, in conjunction with its third party service providers, operates this web site.