Terms of Use

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.

You agree not to use this Web Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Web Site. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Web Site without prior written consent from Barry Brinker Fine Jewelry. Further, you may not use any such automated means to manipulate the Web Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Web Site or any other user’s use of the Web Site, including, without limitation, via means of overloading, “flooding,” “mailbombing” or “crashing” the Web Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. Running or displaying this Web Site, or any information included on this Web Site, in frames or through similar means on another website without prior consent from Barry Brinker Fine Jewelry is prohibited. You may not resell use of, or access to, the Web Site to any third party without our prior written permission. Any permitted links to this Web Site must comply with all applicable laws, rules and regulations.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, NO LICENSE IS GRANTED TO YOU AND NO RIGHTS ARE CONVEYED BY VIRTUE OF ACCESSING OR USING THE WEB SITE. ALL RIGHTS NOT GRANTED UNDER THESE TERMS OF USE ARE RESERVED BY BARRY BRINKER FINE JEWELRY.

GOVERNING LAW
The laws of the State of California will govern these Terms of Use and any dispute of any sort that might arise, without regard to principles of conflict of law.

ARBITRATION AND JURISDICTION
EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR PURCHASES FROM OR USE OF THE WEB SITE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN LOS ANGELES.

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.

FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE TERMS OF USE AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE TERMS OF USE, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE FEDERAL AND STATE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIMS ASSERTED BY YOU IN CONNECTION WITH THE WEB SITE OR THESE TERMS OF USE MUST BE ASSERTED IN WRITING TO US WITHIN ONE (1) YEAR OF THE DATE SUCH CLAIM FIRST AROSE, OR SUCH CLAIM IS FOREVER WAIVED BY YOU.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless BARRY BRINKER FINE JEWELRY officers, directors, employees and representatives against all claims, demands, causes of action, losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting or arising from or relating to your use of or conduct at the Web Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Web Site, your breach of these Terms of Use, your infringement or violation of any intellectual property rights.

MISCELLANEOUS
Our failure to exercise or enforce any of our rights pursuant to these Terms of Use shall not operate as a waiver of such right (or any other right) or prevent a subsequent exercise of such right. These Terms of Use shall be enforced to the fullest extent permissible by law. If any provision of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any arbitrator or court of competent jurisdiction in a proceeding brought in accordance with these Terms of Use, such provision shall be deemed ineffective and shall be changed and interpreted so as to best accomplish its objectives within the limits of applicable law, but the validity and enforceability of any remaining provisions shall remain unaffected.

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.

These Terms of Use or your use of the Web Site shall not be construed to create any joint venture, partnership, or agency or employment relationship between you and us, or between you and our parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees and representatives.

Nothing contained in these Terms of Use limits our right to comply with requests or requirements pursuant to applicable law regarding use of the Web Site or information provided to or collected by us connection with such use.

These Terms of Use constitute the entire and only Terms of Use between Barry Brinker Fine Jewelry and each user of the Web Site with respect to the subject matter of these Terms of Use.
Should you have any questions regarding these Terms of Use you may contact us at
info@barrybrinker.com