AUTHORIZED USE AND ACCESS
The Web Site is intended solely for your personal, non-commercial use. We may change the contents of, suspend or limit access to, or discontinue the Web Site, or any portion thereof, at any time without notice. You acknowledge that, from time to time, you may not be able to access the Web Site, including, without limitation, due to (i) technical difficulties; (ii) repairs or maintenance which we may undertake as needed; or (iii) causes beyond our control or which we cannot reasonably foresee. You further acknowledge that Barry Brinker Fine Jewelry does not represent or warrant that the information on the Web Site is accurate, reliable, complete, comparative to the market or current, including with respect to pricing, discount, sales and availability information. Without limiting the generality of the forgoing, Barry Brinker Fine Jewelry does not represent or warrant that the quality of any products, services, information or other material obtained by you through the Web Site will meet your expectations or needs. Barry Brinker Fine Jewelry reserves the right to correct any errors or omissions, and to change or update information, at any time without prior notice, but is under no obligation to do so and does not represent that it shall correct any errors or omissions.
All products and services purchased on or through the Web Site are subject only to any applicable warranties if applicable. To the fullest extent applicable by law, Barry Brinker Fine Jewelry officers, directors, employees and representatives disclaim all warranties of any kind, either express or implied, with respects to the products and services listed or purchased on or through the Web Site.
PROPRIETARY RIGHTS; UNAUTHORIZED USE
All content of the Web Site (including designs, sounds, pictures, page headers, text, graphics, logos, button icons, images, software, and other files and the selection and arrangement thereof, as well as any intellectual property rights therein) is the property of Barry Brinker Fine Jewelry or our licensees or suppliers and is protected by United States and international patent, trademark, trade secret, copyright and other intellectual property laws. Barry Brinker Fine Jewelry reserves the right to enforce its intellectual property rights to the fullest extent of the law.
The trademarks, trade dress, logos, service marks and trade names of Barry Brinker Fine Jewelry, including without limitation the “Barry Brinker,” “Barry Brinker Fine Jewelry” names, may not be used, altered, modified or copied in any manner without our prior written permission. If you use the “Barry Brinker, “Barry Brinker Fine Jewelry names to reference Barry Brinker or its products. You may electronically copy and print hard copies of pages from the Web Site solely for personal, non-commercial purposes related to placing an order or shopping on the Web Site. Any other use of the Web Site or any of its contents, including reproduction, distribution, or public display of, or creation of works that derive from, the Web Site or its content, in whole or in part, is strictly prohibited without our prior written permission.
ARBITRATION AND JURISDICTION
YOU ACKNOWLEDGE THAT THERE IS NO JUDGE OR JURY IN AN ARBITRATION AND THAT COURT REVIEW OF AN ARBITRATION IS LIMITED. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF YOU AND BARRY BRINKER FINE JEWELRY AND THEIR, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES HEREBY WAIVE, KNOWINGLY AND VOLUNTARILY, ANY RIGHT YOU MAY HAVE TO SUE IN COURT, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO A JURY TRIAL OR TO BRING OR PARTICIPATE IN CLAIMS AS A PLAINTIFF OR MEMBER OF A CLASS IN ANY PURPORTED MULTI-CLAIMANT, REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE ABOVE ARBITRATION REQUIREMENT, BARRY BRINKER FINE JEWELRY, OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES MAY BRING SUIT IN COURT FOR ANY CLAIM BROUGHT PURSUANT TO SECTION 7 BELOW OR TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
Any notices we may be required by applicable law to provide to you will be effective upon our (a) sending an e-mail message to you at your e-mail address on file with us or (b) publishing such notices on the Web Site.