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Last Updated Date: April 2, 2025
PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER” OR “YOU”) AND RENACCI JEWELRY (“RENACCI JEWELRY,” “WE,” OR “US”).
PLEASE BE AWARE THAT SECTION 15 OF THE AGREEMENT BELOW CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND RENACCI JEWELRY HAVE AGAINST EACH OTHER WILL BE RESOLVED, INCLUDING WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE AGREEMENT. SECTION 15 CONTAINS, AMONG OTHER THINGS, AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND RENACCI JEWELRY BE RESOLVED BY BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AGREEMENT: (1) YOU AND RENACCI JEWELRY WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND EACH OF US WAIVES OUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) EACH OF US IS WAIVING OUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
By accessing or using https://www.renaccijewelry.com/, its subdomains or any other website with an authorized link to this Agreement (“Website”), registering an account or accessing or using any content, information, services, features or resources available or enabled via or in connection with the Website, including the use of the Website for purchases of diamonds and related products (collectively, the “Renacci Jewelry Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Renacci Jewelry Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Renacci Jewelry Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Renacci Jewelry Services.
Your use of the Renacci Jewelry Services is also subject to any additional terms, conditions and policies that we separately post on the Renacci Jewelry Services (“Supplemental Terms”), including but not limited to the Renacci Jewelry Privacy Policy found here, which are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.
Subject to Section 15.12 of this Agreement, Renacci Jewelry reserves the right to modify this Agreement or its policies relating to the Renacci Jewelry Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Renacci Jewelry Services. You should regularly review this Agreement, as your continued use of the Renacci Jewelry Services after any such changes constitutes your agreement to such changes.
1. THE RENACCI JEWELRY SERVICES
1.1. How the Renacci Jewelry Services Work. Our Renacci Jewelry Services display Jewelry listings (the “Jewelry Listing”) on our Website for any Jewelry to be purchased by Renacci Jewelry from jewelers, jewelry merchants and diamond wholesalers (collectively, a “Renacci Jewelry Seller(s)”). Customers may browse such Jewelry Listings on the Website, and Renacci Jewelry will purchase a listed Jewelry product, including a Diamond (defined in Section 2.1) product on your behalf upon Renacci Jewelry’s confirmation of receipt of your order for such Jewelry product.
1.2. Registrations. When registering an account for the Renacci Jewelry Services (“Account”), you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary. You represent that you are not barred from using the Renacci Jewelry Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify Renacci Jewelry immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Renacci Jewelry Services. You further agree that you will not maintain more than one Account for the same Renacci Jewelry Services at any given time. Renacci Jewelry reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Renacci Jewelry.
2. ORDER PROCESS.
2.1. Order Acceptance. Each part of any order that you submit to Renacci Jewelry constitutes an offer to purchase. If you do not receive a message from Renacci Jewelry confirming receipt of your order, please contact our Customer Service department at info@renaccijewelry.com before re-entering your order. Renacci Jewelry’s confirmation of receipt of your order does not constitute Renacci Jewelry’s acceptance of your order. Renacci Jewelry is only deemed to have accepted your order once the diamond(s) (“Diamond”) and related products (collectively, “Jewelry”) you ordered have been shipped to Renacci Jewelry by Renacci Jewelry Seller(s).
2.2. Order Issues. Although we strive to accept all valid orders, Renacci Jewelry reserves the right to deny any order for any reason, including if: (a) we discover an error in pricing and/or other information about the Jewelry or receive insufficient or erroneous billing, payment, and/or shipping information, (b) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (c) the ordered Jewelry is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
2.3. Returns. We want you to be happy with the Jewelry that you purchase from us. If you are not completely happy with the Jewelry, please feel free to contact us at info@renaccijewelry.com with any questions or concerns and/or refer to our returns guide available here, if you would like to return any Jewelry you purchased through the Renacci Jewelry Services. We will accept returns for a refund or exchange within thirty (30) days of shipment, unless otherwise specified in writing prior to shipping. We do discourage comparison shopping (e.g., placing multiple orders at the same time with the intent of returning one). These situations will be flagged in writing. New orders placed after an order has been returned will be eligible for return again.
(a) Protection for PayPal Purchases. To the extent you make a PayPal Purchase and do not receive your Jewelry from Renacci Jewelry or receive Jewelry that is not what you purchased, you may be eligible for a refund through PayPal’s Purchase Protection Program, available here.
(b) Renacci Jewelry Protection Policy for Wire Payments. For purchases via a Wire Payment Purchase, you are covered under the Renacci Jewelry Protection Policy (the “Protection Policy”) when you do not receive the purchased Jewelry or you receive an item that does not match the Jewelry Listing, Renacci Jewelry, in its sole discretion, determines whether your claim qualifies for the Protection Policy. To be eligible for the Protection Policy, you must have paid for the eligible Jewelry, respond to Renacci Jewelry’s request for documentation and other information within the time requested and promptly open a formal dispute with Renacci Jewelry. If you believe you are eligible for the Protection Policy, please contact info@renaccijewelry.com.
2.4. Order Cancellation. If any item is discontinued or otherwise becomes unavailable, or if market conditions, governmental actions (including but not limited to tariffs, trade restrictions, or import regulations), or supply chain disruptions impact our ability to fulfill orders at the originally listed price, Renacci Jewelry reserves the right to delay or cancel your order and provide you a refund for the amount paid for the order. Additionally, Renacci Jewelry reserves the right, at its sole discretion, to delay or cancel your order for any other reason at any time and issue you a refund for the amount paid.
2.5. Third-Party Provider. Renacci Jewelry uses a third-party service provider for fulfilling orders. By ordering any Jewelry through the Renacci Jewelry Services, you acknowledge that Renacci Jewelry has no responsibility or liability for any delays that may result from orders handled by such third-party service provider.
2.6. Renacci Jewelry Reports. Renacci Jewelry provides a report for any Gemological Institute of America (“GIA”) registered stone that is available via the Renacci Jewelry Services (“Renacci Jewelry Report”). All factual information included in a Renacci Jewelry Report is identical to the underlying GIA report. We break out the individual elements that the GIA uses to determine the overall score for each category (i.e., the various number of objective qualities that are used to determine the GIA “Cut” rating) and show which criteria were met and which were not (to achieve a particular GIA score, a stone need not meet all the sub-criteria for that score) to give you a more detailed view of the qualities of the stone. In addition, and where available, we provide the provenance of the stone maintained by Everledger. This information is identical to the information made available by Everledger. We provide the GIA and Everledger information (collectively, “Third-Party Information”) for the convenience of our Users only, and make no representations or warranties with respect to, or assume any responsibility for the accuracy of, Third- Party Information. Renacci Jewelry Reports may also provide independent opinion and commentary on the particular stone from our one of our gemologists. This is based solely on the GIA information and in some cases, the Diamond’s images and videos if available, but provides insight similar to what you would receive if you brought the stone to an independent jeweler for assessment. Finally, we deploy sophisticated machine learning algorithms to analyze our vast database of listed stones and prior sales to compare the price of each stone to other comparable stones (where GIA-provided information is the basis of the comparison) and provide guidance on the price. Pricing analysis and gemologist opinions are entirely dependent on the Third-Party Information. Renacci Jewelry Reports are to be used to inform your purchasing decision, and are not intended to be a definitive statement of the value of any individual stone, a formal assessment, or a replacement of your independent judgment.
2.7. Jewelry Insurance. Though we encourage you to obtain jewelry insurance in amounts appropriate to cover the Jewelry you purchase through Renacci Jewelry, Renacci Jewelry is not a licensed insurance provider. While Renacci Jewelry may help connect you with a third-party insurance provider, such as Jewelers Mutual Group, that sell insurance products based on the purchased Jewelry product(s), we do not act with or on behalf of any third-party insurance provider with whom you are connected through the Renacci Jewelry Services. Any compensation we receive from such third-party insurance provider are referral fees that shall not be contingent on the purchase of jewelry insurance and are not insurance commissions.
3. FEES AND PURCHASE TERMS.
3.1. Payment. You agree to pay all fees or charges in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must use your credit or debit card information, wire the appropriate funds to Renacci Jewelry (a “Wire Payment Purchase”), or enter your account information on the Website via a PayPal Purchase or Financing Vendor in order to complete a transaction for Jewelry listed on the Renacci Jewelry Services. By making a purchase through the Renacci Jewelry Services, you hereby consent and authorize Renacci Jewelry and its third-party service providers: (a) to initiate payments using your selected payment method and collect any transaction amounts; and (b) share any information and payment instructions you may provide to the minimum extent required to complete such purchase. All information that you provide via the Renacci Jewelry Services to complete a purchase must be accurate, current, and complete. You agree to immediately notify Renacci Jewelry of any change in your payment information by sending an email to info@renaccijewelry.com and/or update your information in your Account. In addition, you agree to comply with all applicable laws, regulations, rules and terms and conditions in connection with your payment.
3.2. PayPal and Credit and Debit Card Purchases. By making a purchase through your PayPal account (“PayPal Purchase”), you agree to be bound by PayPal’s User Agreement found here. You understand that some third-parties, such as credit and debit card issuers, credit and debit card networks and payment service providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with your purchases under this Agreement. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third-parties, and you agree that Renacci Jewelry has no control over, or responsibility or liability for, such fees or actions.
3.3. Wire Payment. You may have the option to purchase Jewelry via a Wire Payment Purchase. After placing an order and selecting bank wires as your method of payment – which may be subjected to a fee depending on your financial institution’s policy, you will receive an email from Renacci Jewelry with account information to ensure the funds are properly transferred by your bank, which make take up to two (2) business days to process. To the extent you make a Wire Payment Purchase, you may be entitled to a refund through the Protection Policy, as discussed in Section 2.3(b) above.
3.4. Renacci Jewelry Rights. Renacci Jewelry reserves the right to hold, freeze or decline transactions that we believe to be high risk, fraudulent, or in violation of the Agreement or the terms of Renacci Jewelry’s third-party payment service providers. Renacci Jewelry reserves the right at any time to change its prices and billing methods. Please contact info@renaccijewelry.com regarding any billing disputes.
3.5. Payment Processors. Renacci Jewelry uses third-party service providers for payment services (e.g., card acceptance, merchant settlement, and related services), such as Braintree (each, a “Payment Processor”). You hereby consent and authorize Renacci Jewelry and each Payment Processor to share any information and payment instructions you provide with one or more Payment Processor(s) to the minimum extent required to complete your transactions.
(a) Financing Vendors. From time to time, Renacci Jewelry may offer financing options and alternatives through Affirm Inc., Klarna, Inc., TD Bank, N.A. or other similar third-party vendors (“Financing Vendors”). Renacci Jewelry acknowledges that to the fullest extent permitted by law, these Financing Vendors are not agents of Renacci Jewelry, and Renacci Jewelry is not bound by the representations, promises, warranties or guarantees provided by any Financing Vendors. By using the Renacci Jewelry Services or purchasing any Jewelry, you hereby waive and release any and all claims against Renacci Jewelry that arise out of your use of, or the services of, any Financing Vendor. Your purchase, including completion of a credit check and approval, is subject to, and you are otherwise bound by, the terms and conditions imposed by the Financing Vendors, including, but not limited to, the Affirm Terms of Service, available here.
3.6. Refunds. Except as set forth in any separate refund policy posted on the Renacci Jewelry Services, all fees are non-refundable.
3.7. Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Renacci Jewelry communications channels are valid. Errors in Promo Codes are not binding: we reserve the right to amend or withdraw any inaccuracies. You agree that Promo Codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (c) may be disabled by us at any time for any reason without liability to us; (d) may only be used pursuant to the specific terms that we establish for such Promo Code; (e) are not redeemable for cash; and (f) may expire prior to your use.
4. USER CONTENT.
4.1. Responsible Party for Content. You acknowledge that all content is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that that User makes available through the Renacci Jewelry Services (“User Content”). Renacci Jewelry has no obligation to pre-screen any content. You use all User Content and interact with other Users at your own risk. Without limiting the foregoing, Renacci Jewelry reserves the right in its sole discretion to pre-screen, refuse, or remove any content. Renacci Jewelry shall have the right to remove any content that violates this Agreement or is otherwise objectionable to Renacci Jewelry.
4.2. Ownership of Your Content. Renacci Jewelry does not claim ownership of any User Content you make available on the Renacci Jewelry Services (“Your Content”). However, when you as a User post or publish Your Content on or in the Renacci Jewelry Services, you represent that you have all of the necessary rights to grant Renacci Jewelry the license set forth below in Section 4.3. Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in the Renacci Jewelry Services.
4.3. License to Your Content. Subject to any applicable Account settings that you select, you grant Renacci Jewelry a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part), in any medium or manner, now known or hereafter devised, for the purposes of operating and providing the Renacci Jewelry Services to you and to our other Users. Note that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Renacci Jewelry Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Renacci Jewelry, are responsible for all of Your Content that you make available on or in the Renacci Jewelry Services.
4.4. Other Restrictions on User Conduct. You agree not to use the Renacci Jewelry Services for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third-party to): (a) take any action or (b) make available any content on or through the Renacci Jewelry Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Renacci Jewelry’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Renacci Jewelry; (vi) fail to honor any transaction agreed to by you, (vii) take any action that may undermine our feedback or ratings systems; (viii) use the Renacci Jewelry Services to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or (ix) make available any content that (w) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (x) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (y) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (z) is violent or threatening, or promotes violence or actions that are threatening to any other person. You may not send any unsolicited e-mail message, commercial or non-commercial, to any e-mail address you have gathered from the Renacci Jewelry Services.
4.5. Investigations. Renacci Jewelry may, but is not obligated to, monitor or review the Renacci Jewelry Services or content at any time. Without limiting the foregoing, Renacci Jewelry shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such content violates the Agreement or any applicable law. Although Renacci Jewelry does not generally monitor user activity occurring in connection with the Renacci Jewelry Services or content, if Renacci Jewelry becomes aware of any possible violations by you of any provision of the Agreement, Renacci Jewelry reserves the right to investigate such violations, and Renacci Jewelry may, at its sole discretion, immediately terminate your license to use the Renacci Jewelry Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
4.6. Interactions with Other Users. You are solely responsible for your interactions with other Users of the Renacci Jewelry Services and any other parties with whom you interact through the Renacci Jewelry Services; provided, however, that Renacci Jewelry reserves the right, but has no obligation, to intercede in such disputes.
4.7. Content Provided by Other Users. The Renacci Jewelry Services may contain User Content provided by other Users, including Jewelry Listings. Renacci Jewelry is not responsible for and does not control User Content. Renacci Jewelry has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
5. FEEDBACK. You agree that your submission of any ideas, suggestions, documents, and/or proposals to Renacci Jewelry (“Feedback”) is at your own risk and that Renacci Jewelry has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Renacci Jewelry the right to use any Feedback in any way at any time without any additional approval or compensation.
6. OWNERSHIP OF AND LICENSE TO USE RENACCI JEWELRY SERVICES.
6.1. Use of the Renacci Jewelry Services. Except with respect to User Content, Renacci Jewelry and its suppliers own all rights, title and interest in the Renacci Jewelry Services. The Renacci Jewelry Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Renacci Jewelry grants you a limited license to use the Renacci Jewelry Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Renacci Jewelry Services shall be subject to this Agreement. Renacci Jewelry, its suppliers and service providers reserve all rights not granted in this Agreement.
6.2. Trademarks. and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Renacci Jewelry Services are the property of Renacci Jewelry and may not be used without our written permission in connection with any third-party products or Renacci Jewelry Services. Other trademarks, service marks and trade names that may appear on or in the Renacci Jewelry Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Renacci Jewelry Services.
7. RESTRICTIONS ON USE OF RENACCI JEWELRY SERVICES. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Renacci Jewelry Services or any portion of the Renacci Jewelry Services; (b) you shall not frame or use framing techniques to enclose any trademark, service mark, logo or Renacci Jewelry Services (including images, text, page layout or form) of Renacci Jewelry; (c) you shall not use any metatags or other “hidden text” using Renacci Jewelry’s name, service marks, or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Renacci Jewelry Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Renacci Jewelry Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Renacci Jewelry Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Renacci Jewelry Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Renacci Jewelry Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Renacci Jewelry Services or use the Renacci Jewelry Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Renacci Jewelry Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Renacci Jewelry Services, or interfering or attempting to interfere with use of the Renacci Jewelry Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Renacci Jewelry Services. Any unauthorized use of the Renacci Jewelry Services terminates the licenses granted by Renacci Jewelry pursuant to this Agreement.
8. THIRD-PARTY SERVICES. The Renacci Jewelry Services may contain links to third-party services such as third-party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Renacci Jewelry Services. Renacci Jewelry does not control and is not responsible for Third-Party Links. Renacci Jewelry provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk. When you leave the Website, our Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Links, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
9. INDEMNIFICATION. You agree to indemnify and hold Renacci Jewelry, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the “Renacci Jewelry Indemnitees”) harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any claims concerning: (a) Your Content; (b) your misuse of the Renacci Jewelry Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Renacci Jewelry reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Renacci Jewelry in asserting any available defenses. This provision does not require you to indemnify any of the Renacci Jewelry Indemnitees for any unconscionable commercial practice by such party or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Renacci Jewelry Services.
10. DISCLAIMER OF WARRANTIES AND CONDITIONS.
10.1. AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE RENACCI JEWELRY SERVICES AND ANY PRODUCTS OFFERED THROUGH THE RENACCI JEWELRY SERVICES IS AT YOUR SOLE RISK, AND ALL SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RENACCI JEWELRY INDEMNITEES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM THE PRODUCTS AND SERVICES. THIS SECTION 10 DOES NOT AFFECT IN ANY WAY OUR RETURN POLICY FOR THE PRODUCTS.
10.2. JEWELRY. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, JEWELRY, PRICES, AND AVAILABILITY OF ANY JEWELRY ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON THE RENACCI JEWELRY SERVICES. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF OUR JEWELRY, INCLUDING THE APPLICABLE COLORS; HOWEVER, THE ACTUAL COLOR YOU SEE WILL DEPEND ON YOUR COMPUTER SYSTEM, AND WE CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH COLORS. THE INCLUSION OF ANY JEWELRY ON THE RENACCI JEWELRY SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE JEWELRY WILL BE AVAILABLE AT ANY TIME.
10.3. NO LIABILITY FOR CONTENT. THE RENACCI JEWELRY SERVICES CONTAIN OPINIONS AND VIEWS OF RENACCI JEWELRY, ITS USERS, AND OTHER THIRD-PARTIES, INCLUDING BUT NOT LIMITED TO AUTHORS OF ARTICLES AND OTHER CONTENT MADE AVAILABLE THROUGH THE RENACCI JEWELRY SERVICES. RENACCI JEWELRY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT POSTED BY RENACCI JEWELRY OR ANY OF ITS USERS OR OTHER THIRD-PARTIES THAT ARE MADE AVAILABLE THROUGH THE RENACCI JEWELRY SERVICES.
10.4. NO LIABILITY FOR CONDUCT OF THIRD PARTIES OR PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT THE RENACCI JEWELRY INDEMNITEES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD RENACCI JEWELRY INDEMNITEES LIABLE, FOR THE INFRINGEMENT OR MISAPPROPRIATION OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS BY RENACCI JEWELRY SELLERS, THE CONDUCT OF THIRD-PARTIES OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH RENACCI JEWELRY SELLERS, THIRD-PARTIES AND/OR JEWELRY RESTS ENTIRELY WITH YOU.
10.5. NO LIABILITY FOR CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE RENACCI JEWELRY SERVICES, INCLUDING ANY AUTHORS OF ANY ARTICLES OR OTHER CONTENT MADE AVAILABLE THROUGH THE RENACCI JEWELRY SERVICES. YOU UNDERSTAND THAT RENACCI JEWELRY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OR OTHER THIRD-PARTIES MADE AVAILABLE THROUGH THE RENACCI JEWELRY SERVICES.
10.6. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. LIMITATION OF LIABILITY.
11.1. Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RENACCI JEWELRY INDEMNITEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT RENACCI JEWELRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2. Disclaimer of Third Party Conduct. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RENACCI JEWELRY INDEMNITEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES ON THE RENACCI JEWELRY SERVICES, INCLUDING WITHOUT ANY LIMITATION, ANY USERS OF THE RENACCI JEWELRY SERVICES.
11.3. Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE RENACCI JEWELRY INDEMNITEES ARE LIABLE TO YOU EXCEED THE AMOUNT RECEIVED BY RENACCI JEWELRY AS A RESULT OF YOUR USE OF THE RENACCI JEWELRY SERVICES IN THE SIX MONTHS PRECEDING THE DATE ON WHICH YOU FIRST ASSERT YOUR CLAIM. IF YOU HAVE NOT PAID RENACCI JEWELRY ANY AMOUNTS IN THE SIX MONTHS PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, RENACCI JEWELRY’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
11.4. User Content and Settings. THE RENACCI JEWELRY INDEMNITEES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
11.5. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RENACCI JEWELRY AND YOU.
11.6. Exclusions. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
12. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe content posted on the Renacci Jewelry Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Renacci Jewelry Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: Renacci Jewelry, Attn: Legal Department, 550 S Hill St #766, Los Angeles, CA 90013.
13. TERMINATION. At its sole discretion, Renacci Jewelry may modify or discontinue the Renacci Jewelry Services, or may modify, suspend or terminate your access to the Renacci Jewelry Services, for any reason, with or without notice to you and without liability to you or any third-party. In addition to suspending or terminating your access to the Renacci Jewelry Services, Renacci Jewelry reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Renacci Jewelry Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to Renacci Jewelry for Jewelry purchased will remain due. Upon termination of this Agreement, all provisions which by their nature are intended to survive termination will survive, including without limitation, Sections 2.3, 3, 5, 6, 9 through 16.
14. INTERNATIONAL USERS.
14.1. The Renacci Jewelry Services are controlled and offered by Renacci Jewelry from its facilities in the United States of America. Renacci Jewelry makes no representations that the Renacci Jewelry Services are appropriate or available for use in other locations. Those who access or use the Renacci Jewelry Services from other countries do so at their own volition and are responsible for compliance with local law.
14.2. A third-party who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Agreement, but this does not affect any right or remedy of such third-party which exists or is available apart from that Act.
15. ARBITRATION CLAUSE & CLASS ACTION WAIVER
Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires that you and Renacci Jewelry arbitrate disputes against one another.
Dispute Resolution: PLEASE BE AWARE THAT THIS SECTION 15 CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND RENACCI JEWELRY HAVE AGAINST EACH OTHER WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION 15 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND RENACCI JEWELRY BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS SECTION 15 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS SECTION 15 CAREFULLY.
15.1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Renacci Jewelry agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Renacci Jewelry Services, including the Website, any communications you receive, any products sold or distributed through the Website, Renacci Jewelry Services, or the Agreement, including claims and disputes that arose between us before the effective date of the Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (a) you and Renacci Jewelry may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (b) you or Renacci Jewelry may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of the Agreement.
15.2. Informal Dispute Resolution. There may be instances when a Dispute arises between you and Renacci Jewelry. If that occurs, Renacci Jewelry is committed to working with you to reach a reasonable resolution. You and Renacci Jewelry agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Renacci Jewelry therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference.The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing. Notice to Renacci Jewelry that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to info@renaccijewelry.com or regular mail to our offices located at Renacci Jewelry, 550 S Hill St #766, Los Angeles, CA 90013. The Notice must include: (a) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (b) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (c) a description of your Dispute
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
15.3. Waiver of Jury Trial. YOU AND RENACCI JEWELRY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Renacci Jewelry are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
15.4. Waiver of Class and Other Non-Individualized Relief. YOU AND RENACCI JEWELRY AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 15.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 15.9 (Batch Arbitration) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Renacci Jewelry agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in New York County in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Renacci Jewelry from participating in a class-wide settlement of claims.
15.5. Rules and Forum. The Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of Notice, you and Renacci Jewelry agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS rules.A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (a) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the Account username (if applicable) as well as the email address associated with any applicable Account; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (d) a statement certifying completion of the Informal Dispute Resolution process as described above; and (e) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and otherwise agree, or the Batch Arbitration process discussed in subsection 15.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the applicable JAMS rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. You and Renacci Jewelry agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
15.6. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the JAMS roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then JAMS will appoint the arbitrator in accordance with the applicable JAMS rules, provided that if the Batch Arbitration process under subsection 15.9 (Batch Arbitration) is triggered, JAMS will appoint the arbitrator for each batch.
15.7. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (a) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (b) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (c) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (d) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
15.8. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Renacci Jewelry need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
15.9. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Renacci Jewelry agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Renacci Jewelry by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (a) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Renacci Jewelry.
You and Renacci Jewelry agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
15.10. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Renacci Jewelry, 550 S Hill St #766, Los Angeles, CA 90013, United States, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
15.11. Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Renacci Jewelry as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
15.12. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Renacci Jewelry makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Renacci Jewelry at: Renacci Jewelry, 550 S Hill St #766, Los Angeles, CA 90013, United States, your continued use of the Website and/or Renacci Jewelry Services, including the acceptance of products and services offered on or through the Website, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Renacci Jewelry Services, including the Website, any communications you receive, any products sold or distributed through the Website, the Renacci Jewelry Services or the Agreement, the provisions of this Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement) remain in full force and effect. Renacci Jewelry will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Agreement.
15.13. Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with Renacci Jewelry.
16. GENERAL PROVISIONS.
16.1. Electronic Communications. The communications between you and Renacci Jewelry use electronic means, whether you visit the Renacci Jewelry Services or send Renacci Jewelry e-mails, or whether Renacci Jewelry posts notices on the Renacci Jewelry Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Renacci Jewelry in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Renacci Jewelry provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
16.2. Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Renacci Jewelry’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
16.3. Force Majeure. Renacci Jewelry shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
16.4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Renacci Jewelry Services, please contact our customer service department using the contact information available on the Renacci Jewelry Services. We will do our best to address your concerns.
16.5. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Renacci Jewelry agree that all claims and disputes arising out of or relating to this Agreement that are not brought in a small claims court pursuant to Section 15.1 will be litigated exclusively in the state courts in New York, New York or federal courts located in the Eastern District of New York.
16.6. Governing Law. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the federal arbitration act, without giving effect to any conflict of law or other principles that provide for the application of the law of another jurisdiction. The united nations convention on contracts for the international sale of goods does not apply to this agreement.
16.7. Notice. Where Renacci Jewelry requires that you provide an e-mail address, you are responsible for providing Renacci Jewelry with your most current e-mail address. In the event that the last e-mail address you provided to Renacci Jewelry is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Renacci Jewelry’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Renacci Jewelry at the following address: Renacci Jewelry, 550 S Hill St #766, Los Angeles, CA 90013. Such notice shall be deemed given when received by Renacci Jewelry by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
16.8. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
16.9. Severability. Subject to Section 15.11, if any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
16.10. Export Control. You may not use, export, import, or transfer the Renacci Jewelry Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Renacci Jewelry Services, and any other applicable laws. In particular, but without limitation, the Renacci Jewelry Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Renacci Jewelry Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Renacci Jewelry Services for any purpose prohibited by U.S. law.
16.11. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Renacci Jewelry Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
16.12. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
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