TERMS OF USE ROCKHER.COM
ROCKHER HAUTE JEWELS, LLC, a Delaware limited liability company ("Company," "we," “us,” or "our"), through our website http://www.RockHer.com (the "Website"), provides interactive resources for its users (collectively, the “Services”), including, but not limited to, the sale of our products (collectively, the “Goods,” which Goods are part of and sold through the Services). The Services and the purchase of Goods are subject to the following Terms of Use (the "Terms"), which may be updated by Company from time to time.
By accessing the Website, including the content made available on the Website (the “Content,” as defined in Section 1, below), and/or using the Services in any way, you are agreeing to comply with and be bound by the terms of these Terms of Use (“Terms”). In addition, these Terms, including Company’s Privacy Policy, and any other policies, rules or guidelines that may be applicable to particular offers or features on the Website (collectively, the "Additional Terms") are hereby incorporated by reference into these Terms. By using or visiting the Website, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws, guidelines, and regulations governing the Website. To the extent that there is a conflict between these Terms and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. These Terms will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. Should you object to any of the terms or conditions of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Company or the Website in any way, you should immediately discontinue use of the Website.
YOU AGREE THAT BY USING THIS WEBSITE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
IF YOU ARE UNDER 18 YEARS OF AGE, YOUR PARENT AND/OR GUARDIAN AGREES ON YOUR BEHALF TO ENTER INTO THIS AGREEMENT AND BE BOUND BY THESE TERMS. PLEASE REFER TO THE PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE, FOR INFORMATION REGARDING PERSONS UNDER THE AGE OF 18.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.
Company’s sales of Goods are made pursuant to these Terms. If Company receives a Transaction order (defined below) or other document from you that limits, or purportedly limits, acceptance to its terms or states that Company’s acknowledgement, shipping of Goods, commencing work on an order, or other act or failure to act constitutes acceptance of any offer on the terms of the purchase order or other document, any responding document sent by Company which expresses acceptance or confirms the order is expressly conditioned on your assent to the terms set forth herein and in such Transaction, and in such responding document. Such assent shall be deemed given when the you accept shipment of any of the Goods described in any Transaction summary or invoice. Company hereby objects to, and rejects, any term contained in your purchase order or other document if the term is different from or in addition to the terms herein.
It is your responsibility to periodically review these Terms. Nevertheless, Company reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Website and/or Services by you after Company's publication of any such changes shall constitute your acceptance of these Terms, as modified. You agree that Company is permitted to access and use any other information provided by you to perform the Services, including any Personally Identifiable Information (as defined in the Company’s Privacy Policy), and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Services provided to you by the Company.
LICENSES AND WEBSITE ACCESS
For purposes of these Terms, “Content” includes any text, message, data, photograph, image, graphic, information, audio/video files or other material on the Website and the related trademarks, service marks, logos, insignias and other intellectual property contained therein. As between you and the Company, the Content on the Website (excluding any User Content (as defined below), is owned by or licensed to the Company, subject to copyright and other intellectual property rights under the law. Without limitation, this includes the ROCKHER HAUTE JEWELS brand name (inclusive of “ROCKHER,” “ROCKER HAUTE JEWELS,” and/or “ROCKHER JEWELS”), as well as any and all Company trademarks and service marks used on or by the Website. Content also includes the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements). Content on the Website is provided to you “as is” for your information in connection with your use of the Services. Company grants you a limited, revocable, nonexclusive, non-transferable license to access the Website and Content and utilize certain Services for your own personal use only, and not to modify the Website, or any portion thereof (other than as expressly permitted by Company). Except as expressly stated in the Terms, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, service mark, trademark, copyright, or proprietary right of the Company or any third party, in connection with your use of the Website and any Content provided by Company or any third party on the Website. Elements of the Website, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other state and federal laws and may not be copied or imitated in whole or in part. Violation of these Terms, including without limitation modification or use of Content on the Website for any purpose other than those permitted in this Agreement, shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Services, and also may constitute the infringement of Company's copyright, service mark, trademark and/or other rights. You shall not attempt to access any other Company's systems, programs or data that are not made available for public use.
RESTRICTIONS ON USE OF WEBSITE
You agree that in connection with your use of the Website, you will not do any of the following:
CREATING AN ACCOUNT
You may browse the Website and view certain content without registering, but as a condition to using certain aspects of the Website, you may be required to register with Website and select a password and screen name ("User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Website account. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise illegal, offensive, vulgar or obscene. Company reserves the right to refuse registration, cancel a User ID or deny your access to the Website in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Website password. You shall never use another user's account without such other user's express written permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Please read our Privacy Policy, which describes the Personally Identifiable Information we collect, use, disclose, manage and store. You will be responsible for the confidentiality and use of your User ID, and for any and all activities (including purchases, as applicable) that are conducted through your account, and agree not to transfer or resell your use of or access to the Website to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your User ID, disclosure of your User ID, or your authorization of anyone else to use your User ID. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting Website and immediately notify us of the problem by emailing us at info@RockHer.com.
THIRD PARTY WEBSITES
The Website may contain links to other websites, including without limitation websites of service providers, and educational institutions which are completely independent of this Website and are provided to you only as a convenience. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such third party site. Your linking to any other websites is at your own risk and you acknowledge that you bear all risks associated with access to and use of any content, information, data, advertising, products, services, or materials on or available through such websites, and your access to and use of such websites is subject to the terms and conditions of use applicable to such websites. You agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with such a third party website(s). Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site.
YOU AGREE THAT YOUR USE OF OTHER INTERNET WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR ANY OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
LIMITATIONS ON SERVICES
You acknowledge that Company may establish limits concerning use of the Services and reserves the right at any time to modify or discontinue the Services (or any part thereof), with or without notice, including but not limited to the functionality or hours of availability, the equipment needed for its access or use, or its pricing. Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
YOU ACKNOWLEDGE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF ANY OF THE SERVICES. You acknowledge that any limitations on Services will not be cause for a refund for any of Company’s Services or products.
TERMINATION OF SERVICES
You agree that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website immediately and without notice, for any reason, including, without limitation, if Company believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination.
PRIVACY AND INFORMATION DISCLOSURE
You acknowledge and agree that Company's Privacy Policy, as contained on this Website, is incorporated herein by this reference and is thereby a part of these Terms.
OWNERSHIP
FORUMS
Information on our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with the Company. You acknowledge that there may be a large volume of information available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate the restrictions on User Content set forth in the Terms, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or Forums by third parties, whether such third parties are visitors to the Website, members, or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Company. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Website. If notified by a user of User Content that allegedly does not conform to these Terms, Company may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Content.
MAKING PURCHASES
If you wish to purchase products or services described on the Website (each such purchase, a "Transaction"), you will be asked to supply certain information applicable to your Transaction, including, without limitation, information related to credit card, debit card, Paypal and/or whatever payment method is chosen by Company, as well as similar and/or other related information. You understand that any such information will be treated by Company in the manner described in our Privacy Policy. You agree that all information that you provide in connection with your purchase will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The sale of certain products and services may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with such laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR COMPANY’S FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or an affiliated company. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol ("IP") addresses or email addresses to use or to purchase Company products or services. You grant Company the right to provide third parties with any information you submit for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Return and Service Fees
DEPENDING ON CENTER DIAMOND WEIGHT, DIAMOND MELEE (SIDE STONE) WEIGHTS OF YOUR RING MAY CHANGE FROM WHAT IS LISTED ON THE SITE.
By purchasing an engagement ring from RockHer, the customer acknowledges that each ring is custom-made specifically to accommodate the center diamond and the specified finger size. As a result, the final product will inherently vary in diamond count, carat weight, metal weight, and band width from the detailed information provided on the engagement ring details page. It should be noted that the engagement ring details page is based on a standard finger size of 7 and a 1.25-carat diamond; this information is used solely for generating basic pricing and renderings. Each customer's final product is unique, as our design team meticulously creates a custom file for 3D printing and production tailored to each order. The customer accepts that their final ring will be distinct, reflecting the bespoke nature of our craftsmanship and the personalized adjustments made for their specific requirements.
IGI & GIA DIAMONDS ARE LOADED TO ROCKHER.COM VIA A GLOBAL NETWORK FEED FROM PREMIUM DIAMOND POLISHING COMPANIES. USER UNDERSTANDS THAT THE GLOBAL DIAMOND NETWORK FEED IS UPDATED EVERY 24 HOURS AT A MINIMUM, AND THAT IN SOME CASES, ALTHOUGH AN ORDER CONFIRMATION APPEARS THAT EXACT DIAMOND MAY NOT BE AVAILABLE AT THAT TIME DUE TO AN INVENTORY UPDATE TIME DELAY. IN SUCH CASES ROCKHER RESERVES THE RIGHT TO CANCEL THE ORDER, OR OFFER A COMPARABLE REPLACEMENT DIAMOND. USER UNDERSTANDS THIS IS ON A CASE BY CASE BASIS.
DIAMOND ORIGIN ERRORS
Due to occasional erroneous data errors, diamonds may be mislabeled as Natural or Lab-Created, and vice versa. This discrepancy is typically evident through the significant price difference, and customers are encouraged to verify the IGI or GIA certification available on each product page before purchase. The certification ID is also included in the order confirmation, with Lab-Grown diamonds usually denoted by 'LG' before the report number. While we make every effort to correct any errors post-purchase and notify the customer, we are not obligated to fulfill the order under these circumstances.
PRICING AND FEES
All prices on this web site are subject to change without notice. While we make every effort to provide you the most accurate, up-to-date information, occasionally, one or more items on our web site may be mis-priced. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error. We reserve the right to cancel any orders placed with incorrect price.
Prices posted on the Website represent the fees which are payable to the Company for your purchase of Goods, or use of and/or access to certain Services and/or Content. You agree to pay all charges to your account, including applicable taxes which Company elects to invoice and collect, in accordance with billing terms in effect at the time a charge is made. We reserve the right to institute new fees or charges effective upon notice on the Website. When prompted to do so, you must provide us with valid payment information. If payments cannot be processed or are returned for any reason, we reserve the right either to suspend or terminate your order, thereby terminating all further obligations by the Company. All applicable taxes which, as now existing or implemented by future law, Company may be required to pay or collect with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of any of the Goods shall be paid by you to Company or the applicable taxing authority upon demand by Company. To the extent you fail to remit payment of taxes in accordance with the preceding sentence, you hereby authorize Company to charge your credit card, or other payment account on file, the full amount to be paid to applicable taxing authorities, to the extent that such taxes may be lawfully collected from or charged to the account of Company. COMPANY SHALL NOT BE OBLIGATED TO, BUT MAY IN ITS DISCRETION, MAKE SUCH DEMAND AS PART OF COMPANY’S TRANSACTION RECEIPT OR INVOICE, AND IN ANY EVENT, YOU SHALL AT ALL TIMES BE SOLELY RESPONSIBLE FOR THE REPORTING AND PAYMENT OF ALL APPLICABLE TAXES IN CONNECTION WITH THE PURCHASE OF GOODS.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content, including without limitation any User Content, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
The Company’s designated Copyright Agent to receive notifications of claimed infringement is: Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, 11400 W. Olympic Blvd., 9th Floor, Los Angeles, California 90064, Attn: Michael Wolf, Esq. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Company’s customer service at info@RockHer.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
WARRANTY MATTERS AND LIABILITY OF COMPANY
LIMITATIONS OF LIABILITY
INDEMNITY AND CUSTOMER WARRANTY
You agree to defend, indemnify and hold Company, affiliates, officers, directors, advisory board members, employees, shareholders, members, managers, licensors, suppliers, advertisers, sponsors, attorneys or agents harmless from any claim, action, loss, expense, or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website, its Content and/or the Services and/or any User Content, your violation of the Company’s Terms and/or Privacy Policy, or your breach of any of the representations and warranties herein.
GENERAL RELEASE OF CLAIMS
As such may apply to your usage of the Website, its Content, and/or the Services, you, on behalf of yourself, your spouse, and each of your heirs, beneficiaries, executors, administrators, attorneys, agents, representatives, successors and assigns, hereby forever release and discharge Company, and each of its employees, members, managers, officers, contractors, attorneys, agents, representatives, successors and assigns, and any person or entity acting by, though, under or in concert with any of them, from and against, and forever waive, forfeit and relinquish, each and every claim, action, demand, right, lien, covenant, agreement, contract, representation, warranty, indemnity, obligation, debt, cause of action, liability, lawsuit, litigation, loss, damage (including consequential damages and penalties), fee, cost and expense (including costs and expenses of counsel), of every and whatever type, kind, nature, description or character, whether sounding in law, equity, contract, tort, statute or otherwise, and whether or not presently or later known, existing, asserted, suspected, liquidated, fixed, contingent, matured or anticipated, that arises out of, relates to or otherwise is in any way connected with your access or use of the Website, its Content and/or the Services (each a “Claim,” collectively, “Claims”).
You intend for this Section 15 to serve as a general release, and you recognize that you may have Claims of which you are totally unaware and unsuspecting, but that which you are nevertheless releasing and giving up by consenting to the Terms and using the Website, and providing the foregoing general release. In furtherance of such understanding and intention, as applicable, you acknowledge that you are familiar with the provisions of California Civil Code Section 1542, and you waive all such provisions of California Civil Code Section 1542, which provides as follows::
SECTION 1542. (EXTENT OF GENERAL RELEASE.) A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You also acknowledge and agree that nothing contained in this Section 15 shall release or discharge you from you representations, warranties, covenants and agreements set forth in, and from your duties and obligations assumed under, these Terms.
You shall forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the Company and other parties released hereunder arising out of or in any way connected with any Claim that is released or discharged under these Terms.
You represent and warrant to the Company that you have not assigned any Claim released or discharged under the Terms, and you shall indemnify, defend, protect and hold harmless the Company and other parties from and against any and all Claims that the Company and/or other parties shall suffer or incur as a result of or arising in connection with any breach of the foregoing representation and warranty.
ESSENTIAL BASIS OF BARGAIN
YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND PROVIDED ACCESS TO OR USE OF THE WEBSITE, THE SERVICES, DOCUMENTS OR TOOLS AND/OR ANY CONTENT IN RELIANCE OF THE LIMITATIONS OF LIABILITY, THE DISCLAIMERS OF WARRANTIES AND DAMAGES, THE GENERAL RELEASE, AND THE INDEMNITY SET FORTH HEREIN IN SECTIONS 13-16, AND THAT THE SAME FORM AN ESSENTIAL BASIS UPON WHICH THESE TERMS ARE ESTABLISHED, AND UPON WHICH COMPANY HAS PROVIDED TO YOU ACCESS TO OR USE OF THE WEBSITE, THE PRODUCTS AND/OR CONTENT. YOU AGREE THAT THE LIMITATIONS OF LIABILITY, THE DISCLAIMERS OF WARRANTIES AND DAMAGES, THE GENERAL RELEASE, AND THE INDEMNITY SET FORTH HEREIN IN SECTIONS 13-16 WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
PROMOTIONAL OFFERS, CONTESTS AND SWEEPSTAKES
We may from time to time offer participation in promotional offers, contests and sweepstakes on our Website. Your participation in these offers, contests and sweepstakes is governed by the express rules applicable to each such offer, contest or sweepstakes. Without limitation, this includes all promotions specific to wireless devices. Promotion, contest, or sweepstakes terms will be treated as a supplement to these Terms unless specified to the contrary in the applicable rules relating to any promotional offer, contest, or sweepstakes.
TECHNICAL SUPPORT ISSUES
If you encounter a technical problem when attempting to print or otherwise access your completed form, or some other problem you may encounter in attempting to utilize our Services and/or Content, Company's customer service representatives may be able to assist you with your problem.
If you contact Company's customer service representatives and request that a customer service representative remotely control your computer in order to try to resolve your technical problem, you acknowledge and accept that Company has no obligation to do so, and, if it does so, shall not be liable for any technical problems that may persist or arise with your computer after doing so.
INACCURACY
From time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice. We apologize for any inconvenience this may cause you.
TERMINATION OF USE
Notwithstanding anything contrary in these Terms, we reserve the right, without notice and in our sole discretion, to suspend or terminate your ability to use the Website (which would include deleting or deactivating your account, blocking your email or IP address, and/or blocking or preventing your future access to and use of the Website). You agree that Company shall not be liable to you or any third party for any suspension or termination of your access to the Website. Further, you agree not to attempt to use the Website after said suspension or termination unless you have received prior written permission from Company. Upon any termination, you must promptly destroy all Materials downloaded or otherwise obtained from this Website, as well as all copies of such Materials, whether made under this agreement or otherwise.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Website Terms, and to abide by and comply with these Website Terms. If you are under 18 years of age, then please do not use the Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
GENERAL INFORMATION
The Terms constitute the entire agreement between you and Company and govern your purchase of Company’s Goods, use of the Website, its Contents and/or the Services, superseding any prior agreements between you and Company. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Company may have under trade secret, copyright, patent, trademark or other laws. The employees of Company are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in a writing signed by an authorized officer of Company. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You warrant, represent and agree that, by accessing and/or using of the Website, its Content and/or the Services and/or any User Content , you (i) do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms, (ii) have carefully read and considered these Terms and fully understand its contents and the significance of its contents, (iii) are consenting to these Terms of your own informed and free will, based upon such party’s own judgment and without any coercion or fear of retaliation, and (iv) you have been afforded the opportunity to obtain independent legal advice with respect to these Terms.
The Terms and the relationship between you and Company shall be governed by the laws of the State of California without regard to any conflicts of laws principles. Further, you agree that all actions or proceedings arising in connection with your use of the Website and these Terms shall be tried and litigated exclusively in the State and Federal courts located in the County of Los Angeles, State of California. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and the Company with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non convenience or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Los Angeles, State of California shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to your use of the Website or these Terms. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Content, any User Content, the Services and/or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., Company.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Privacy and Security: At Rockher Haute Jewels, LLC, the safety and security of our employees, owners, and associates are of paramount importance. Given the nature of our business as a high-end diamond house and custom engagement ring maker, we prioritize the protection of all individuals involved with our company. As such, we do not disclose, post, or make available the names or personal information of employees, owners, or any other individuals associated with Rockher Haute Jewels, LLC on our website or any other platform.
By using our website, you acknowledge and understand that this measure is taken to ensure the safety and security of everyone at Rockher Haute Jewels, LLC, as well as to safeguard against potential risks and concerns related to high-value merchandise. We kindly request that you respect this policy and refrain from attempting to identify or seek out the identities of employees, managers, owners, or other individuals associated with Rockher Haute Jewels, LLC.
As a result, we do not publish or disclose personal information, including names and identities, of employees, managers, owners, or any other individuals associated with Rockher Haute Jewels, LLC on our website or any other platform. This policy is enacted to uphold the safety and security of everyone at Rockher Haute Jewels, LLC and to mitigate potential risks that can arise in our industry.
Further, unless both you and Company agree otherwise, the trier of fact may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
In addition, in the event of a breach of these Terms by you, the Company will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies. This provision will not be construed as a waiver of the rights which the Company may have for damages under these Terms or otherwise, and all of the Company's rights and remedies will be unrestricted.
If any provision of these Terms as applied to any party or to any circumstance shall be found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall in no way affect any other provision of these Terms, the application of any such provision in any other circumstance, or the validity or enforceability of these Terms, and any provision that is found to be void, invalid or unenforceable shall be curtailed and limited only to the extent necessary to bring such provision within the requirements of the law.
QUESTIONS
If you have any questions, comments or complaints regarding these Terms or the Website, feel free to contact us at info@RockHer.com.
NOTICE FOR CALIFORNIA
Users. Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
