Terms & Conditions

TERMS OF USE:​

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PLEASE TAKE A FEW MINUTES TO REVIEW THESE TERMS OF USE (“TERMS”). THESE TERMS APPLY TO YOUR ACCESS AND USE OF THE GUARASCIOJEWELRY.COM WEBSITE, AS WELL AS ALL OTHER WEBSITES, MOBILE SITES, SERVICES, APPLICATIONS, PLATFORMS, AND TOOLS WHERE THESE TERMS APPEAR OR ARE REFERENCED, OR FOR WHICH NO SEPARATE TERMS ARE PROVIDED, ALONG WITH ANY VISITS TO OR INTERACTIONS WITH US IN ANY PHYSICAL LOCATIONS OR ELSEWHERE (COLLECTIVELY, THE “SITE”).

YOUR USE OF THE SITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW THESE TERMS AND BE BOUND BY THEM, SO PLEASE READ THEM CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE SITE.

THE INFORMATION BELOW SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE SALES TRANSACTIONS CONTEMPLATED HEREBY. THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL ARBITRATION (NO CASE CONSOLIDATION OR CLASS ACTIONS). PLEASE REVIEW THIS ENTIRE DOCUMENT BEFORE MAKING ANY PURCHASES TO CONFIRM YOUR ACCEPTANCE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS YOU: (A) AGREE TO THESE TERMS IN FULL; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING THIS WEBSITE OR ITS CONTENTS, GOODS, OR SERVICES UNDER APPLICABLE LAW. PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH US ONLY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO A CLASS ACTION. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE ARBITRATION AGREEMENT AND HAVE CONSIDERED ITS CONSEQUENCES. THESE TERMS ALSO INCLUDE RELEASES, LIMITATIONS OF LIABILITY, AND INDEMNITY PROVISIONS THAT MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES.

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AGREEMENT TO TERMS AND CONDITIONS OF USE BY USER

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By using the Site, you acknowledge and accept—without limitation or qualification—these Terms of Use, our Copyright (DMCA) Policy, and our Privacy Policy, each of which is incorporated herein by reference and forms part of your agreement with Guarascio Contemporary Jewelry.

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Who We Are

As used in these Terms and on the Site, “Guarascio Contemporary Jewelry,” “We,” “Our,” or “Us” refers to Guarascio Contemporary Jewelry, including any of its parents, affiliates, or subsidiaries, and all of their respective members, officers, directors, and employees. If you have any questions about these Terms, the Privacy Policy, or the Site, you may contact us through the Customer Service information provided on the Site.

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IMPORTANT INFORMATION FOR US RESIDENTS

BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THESE TERMS ALSO CONTAIN RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES

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CHANGES TO THE WEBSITE AND TERMS

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Guarasciojewelry.com is an evolving service, and we may update, modify, or remove content, features, or these Terms at any time and at our sole discretion. Any changes become effective immediately upon posting, and we may provide notice of updates by posting on the Website or by updating the “Last Updated” date. By using the Website, you agree that it is your responsibility to review the Terms regularly and that, to the extent permitted by law, you waive any right to receive individualized notice of such changes. Your continued use of the Website after changes are posted constitutes your acceptance of the updated Terms. If you do not agree with the revised Terms, you must stop using the Website.

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OUTAGES

We periodically schedule system downtime for the Site for maintenance and other purposes. Unplanned system outages also may occur. You agree that We have no responsibility and are not liable for: (a) the unavailability of any part of the Site; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting the Sites, any Internet service providers or otherwise.

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PRODUCT INFORMATION

Guarascio Contemporary Jewelry takes great care to present accurate product details, descriptions, and images online; however, we cannot be held responsible for typographical errors, inaccuracies, or omissions in the information provided. All custom pieces include an electronic IGI/GIA/GCAL certification for stones larger than 1 carat. Stones under 1 carat are not certified by default. GIA, located in New York, offers certification services independently. If you choose to have your stones certified by IGI or GIA outside of what we provide, you are solely responsible for all transportation, delivery arrangements, and associated costs.

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DECLINED CUSTOM ORDERS

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All custom orders with Guarascio Contemporary Jewelers are made specifically for you and are final. By placing a custom order, you agree to the following:

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1. Deposit and Approval: Your deposit constitutes approval to proceed with production. Wax models are provided unless declined prior to deposit. We offer in-person viewings for purchasing of stones which can be accepted or declined. Final payment is due only when the item is ready for delivery.

2. Finality and Corrections: If there are any manufacturing defects, we will make the necessary corrections. Refunds are not available. If you choose not to have us address the issue, you assume responsibility for resolving it. Bringing your custom piece to another jeweler for repairs, modifications, or alterations will void our warranty and release us from any responsibility or liability for the piece.

3. Modifications and Redesigns: If you decline a piece after seeing it, you may request modifications. You are responsible for all labor and material costs associated with the changes, plus a $250 redesign fee.

4. Gemstones and Re-Sale: Gemstones purchased through us are final unless otherwise confirmed by your sales associate and approved by Guarascio Contemporary Jewelers Inc. We reserve the right to decline any re-sale of stones. Resale of loose diamonds and gemstones incurs a 25% restocking fee. We do not buy back the following- no exceptions: Stone shapes for lab/natural/colored stones in heart, marquise, princess, trillion, and baguette cuts. Lab grown diamonds that are 2 carats or lower. Natural diamonds carats 0.7 or lower. Colored stones less than an 8 on the Mohs scale. 

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MANUFACTURING DEFECTS AND DAMAGE​

 

All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Upon delivery of any product, the client is responsible for inspecting the item and notifying us of any damage or manufacturing defects. For purposes of this policy, “damage” is defined as a FedEx-labeled damaged box accompanied by a damaged product. Written notice of such damage or manufacturing defects must be provided to us within forty-eight (48) hours of delivery. Failure to provide timely notice shall constitute acceptance of the product as delivered, and the product will be deemed free from damage or manufacturing defects. If damage or a manufacturing defect is reported within the required timeframe, we will provide a FedEx return shipping label, which must be used to return the product within seven (7) days of receipt. Any product returned after the seven-day period will not be accepted and will be returned to the client at their expense. Upon receipt of a returned product, we will inspect the item to verify the reported damage or manufacturing defect. If it is determined that the item must be remade, the client will be notified of the next steps. Should the client decline to return a product exhibiting a manufacturing defect both verified or unverified, we shall bear no liability for the item, and no replacement or refund will be issued. Our liability is strictly limited to the repair or replacement of damaged or defective products as described herein, and we shall not be liable for any indirect, incidental, or consequential damages arising from the use of or inability to use the product.

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WEBSITE ACCESS

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YOU MUST BE AT LEAST AGE 18 TO USE THE SITE.  By using the Site, you affirm that you are over age 18. If you are under 18, you may use the Site only with the consent, supervision and involvement of a parent or guardian who agrees to be bound by these terms.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR MINOR’S REGISTRATION WITH AND USE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SITE AND BE FULLY RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUCH USER IN RELATION TO THE SITE.

Pursuant to 47 U.S.C. Section 230 (d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.

Please note that we do not endorse any of the products or services listed on such site.

We reserve the right to refuse service and/or purchases, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to anyone. We also reserve the right to disable any account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

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ELECTRONIC COMMUNICATIONS

When visiting the Site, or when you send us emails, you are communicating with us electronically. By using the Site, you consent to receive communications from us electronically. including targeted emails, surveys, promotional offers and for other general business purposes. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

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GEOGRAPHIC RESTRICTIONS

We are based in the United States. Access to the Site may not be legal by certain persons or in certain countries, and our products may only be available for purchase and delivery in certain countries. When you access the Site, you do so on your own initiative and are responsible for compliance with local laws.

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YOUR USE OF THE SITE

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We grant you a personal, limited, non-exclusive, non-transferable license to access and use the Site and its Content for your own personal, non-commercial purposes. This license does not allow you to:

• Resell or commercially use the Site or its Content

• Collect or commercially use photographs, product descriptions, or other materials

• Use our product names, listings, descriptions, or prices for non-personal purposes

• Create derivative works based on the Site

• Download, copy, or use Site content for the benefit of a third party

• Use data-mining tools, robots, or similar methods to extract information

You may use the Site only as permitted by applicable law. All rights not expressly granted to you are reserved by Us and our licensors. Your license automatically ends if you violate these Terms.

You agree to use the Site solely for personal use and not for any commercial purpose. You may not copy, reproduce, download, compile, distribute, or otherwise use any content from the Site except as allowed under these Terms.

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PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In violation of any federal, state, local, or international law or regulation

• To exploit or harm minors, including by requesting personal information

• To send unsolicited promotions, advertisements, spam, or similar communications

• To impersonate Guarascio Contemporary Jewelry, our employees, other users, or any other individual or entity

• To engage in conduct that restricts or inhibits others from using the Site or that may harm Us or other users

• To post or share content that is illegal, abusive, harassing, defamatory, obscene, hateful, discriminatory, or otherwise objectionable

In addition, you agree not to:

• Use the Site in a way that could damage, disable, or impair it

• Use automated tools—such as robots or spiders—to access or monitor the Site

• Use manual processes to copy or monitor Site materials without our written consent

• Use software or devices that interfere with the Site’s operation

• Introduce viruses, malware, or any harmful code

• Attempt to gain unauthorized access to the Site, its servers, or connected systems

• Conduct or attempt any denial-of-service attack

• Access or attempt to access personal information without authorization

• Collect, store, or use personal information of other users without their consent

• Circumvent security or technological protections

• Reverse-engineer, decompile, or disassemble any part of the Site

• Interfere with the Site’s functionality in any manner

• Infringe any person’s intellectual property, privacy, or legal rights

• Encourage or assist others in violating these rules

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INACCURACY DISCLAIMER

From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.  We endeavor to be as accurate as possible, however mistakes and omissions do happen. We do not warrant that product descriptions or other content on the Site are all accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order if the item is eligible for return. 

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RISK OF LOSS

All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

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INACCURACY DISCLAIMER

From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We endeavor to be as accurate as possible; however, mistakes and omissions do happen. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.

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RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of its contents.

This Site may include content provided by third parties, including materials provided by other users (see User Generated Content), third-party licensors, syndicators, aggregators, and reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other

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INDEMNITY

To the fullest extent permitted by applicable law, You agree to indemnify and hold Us, our partners, members, directors, officers, Affiliates, agents and licensors harmless from any claims costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, made by any third party due to or arising out of (i) your use of the Site, including any User Generated Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms, (iii) your infringement of the intellectual property rights of any third party; (iv) your violation of any rights of another user; and (v) your violation of any applicable law, rule or regulation. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

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DISCLAIMER & LIMITATION OF LIABILITY

THIS SITE AND ALL CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT GUARASCIO CONTEMPORARY JEWELERS AND ITS PARTNERS, OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, OWNERS, LLC MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR OUR MOBILE APPLICATIONS.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GUARASCIO CONTEMPORARY JEWELERS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF THE SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GUARASCIO CONTEMPORARY JEWELERS AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:
(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA;
(d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE;
(e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR
(f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUARASCIO CONTEMPORARY JEWELERS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE OR MOBILE APPLICATIONS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

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ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS

You and Guarascio Contemporary Jewelers agree that, except as set forth below, we will resolve any disputes between us (including any disputes between you and a third-party agent of Guarascio Contemporary Jewelers) through binding and final arbitration instead of through court proceedings. You and We hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Us or you and a third-party agent of Guarascio Contemporary Jewelers (a "Claim") will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The place of arbitration shall be New York County, New York. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.

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Sole Exceptions To Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or We can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This arbitration agreement does not preclude you or Us from seeking action by federal, state, or local government agencies. In addition, you and We retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

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Jury Trial And Class Action Waiver

Neither you nor We may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and We each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

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Waiver of Rights under California Civil Code Section 1542

You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: 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. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and principles of common law or any other state laws as it pertains to the enforcement of the waivers provided in these Terms.

This Section of the Terms will survive the termination of your relationship with Guarascio Contemporary Jewelers.

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GOVERNING LAW

You and We agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act ("FAA") and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the State of New York apply, without regard to its principles of conflicts of law.

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OTHER PROVISIONS

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. These Terms set forth the entire Agreement between you and Guarascio Contemporary Jewelers with respect to use of the Site and supersede any prior agreements between you and Us relating to such subject matter. The Terms are not assignable, transferable, or sublicensable by you except with Our prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Any heading, caption, or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Guarascio Contemporary Jewelers’ performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Us with respect to such use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

The Site is operated by Guarascio Contemporary Jewelers in the State of Colorado, U.S.A. Guarascio Contemporary Jewelers makes no representations that the contents of any of the Site are appropriate or available for use in other locations. Visitors who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local law.

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VIOLATIONS

Please report any violations of these Terms to Us here.

QUESTIONS?

If you have questions, comments or complaints about these Terms or the Sites, please contact us here.

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