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eJewelsandMore.com DOES NOT WARRANT THAT INFORMATION CONTAINED ON
THE SITE
WILL BE ACCURATE, RELIABLE OR ERROR FREE, OR THAT DEFECTS WILL BE
CORRECTED. eJewelsandMore.com CANNOT BE HELD RESPONSIBLE FOR ERRORS AND
OMISSIONS IN THE SITE AND RESERVES THE RIGHT TO MODIFY AND CORRECT
ERRORS AT ANY TIME. WE DO NOT HONOR INACCURATE OR ERRONEOUS PRICES. OUR
PRICES ARE ALSO SUBJECT TO CHANGE WITHOUT NOTICE. MATERIAL ON THE SITE
MAY ALSO CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS
(INCLUDING PRICING ERRORS), AND MAY BE CHANGED, UPDATED OR MODIFIED AT
ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE; eJewelsandMore.com WILL
NOT BE
LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR
UPDATES. eJewelsandMore.com MAY IN ITS SOLE DISCRETION ADD, DELETE, OR
CHANGE
SOME OR ALL OF ITS PRODUCTS AND SERVICES AT ANY TIME.
eJewelsandMore.com has
attempted to accurately depict the products offered on the Site.
However, because the depiction of a product is dependent on your
computer monitor, eJewelsandMore.com cannot guarantee that such
depiction will
be accurate. The products also may appear larger or smaller than their
actual size depending on your monitor. Some photographs have been
enlarged to show detail.
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS
EXPRESSLY SET FORTH BELOW OR IN A WRITTEN WARRANTY THAT ACCOMPANIES A
PRODUCT (AND THEN ONLY WITH RESPECT TO SUCH PRODUCT),
eJewelsandMore.com
EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND
AVAILABILITY) REGARDING THE SITE AND ANY PRODUCTS OFFERED OR AVAILABLE
THROUGH THE SITE. THE SITE AND PRODUCTS AND INFORMATION ON THE SITE ARE
PROVIDED ON AN 'AS IS-WHERE IS' BASIS. NEITHER eJewelsandMore.com NOR
ITS
SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, PREDECESSORS,
SUCCESSORS, OR ASSIGNS (COLLECTIVELY, 'AFFILIATES') WILL BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, THE
INFORMATION CONTAINED ON OR TRANSMITTED FROM THE SITE OR PRODUCTS
AVAILABLE OR PURCHASED THROUGH THE SITE, OR TRANSACTIONS CONDUCTED AT
THE SITE, EVEN IF eJewelsandMore.com HAS BEEN ADVISED OF THE
POSSIBILITY OF
SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
THE TOTAL LIABILITY OF eJewelsandMore.com OR ITS AFFILIATES ARISING
DIRECTLY
OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED
THROUGH THE SITE EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO
eJewelsandMore.com FOR THE SINGLE PRODUCT AT ISSUE, OR ONE THOUSAND
DOLLARS
($1,000). YOU HEREBY ACKNOWLEDGE THAT ALL THE PROVISIONS OF THIS
SECTION WILL APPLY TO ALL USE OF THE SITE, THE INFORMATION CONTAINED ON
THE SITE, AND PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE, AND
TRANSACTIONS CONDUCTED AT THE SITE.
Subject to the following arbitration provision these terms and
conditions shall be governed by, construed and interpreted according to
the laws of the State of Illinois, and you and eJewelsandMore.com (the
'Parties') agree to and consent to the exclusive jurisdiction and venue
of the courts in Cook County, Illinois. Should a dispute arise
between the Parties which cannot be resolved by the Parties in good
faith negotiations, both Parties agree to submit such dispute to
arbitration in Chicago, Illinois, before a single arbitrator familiar
with
the Uniform Commercial Code using the Commercial Rules of the American
Arbitration Association, with the following modifications to be
enforced by the arbitrator consistent with Illinois law: (a) any such
arbitration proceeding shall be confidential as to the existence,
content, and results of the arbitration; (b) depositions shall not
exceed two (2) per party and all must be completed within a single day;
(c) document requests are limited to no more than ten (10) clearly
identified categories of documents which must be provided to the
requesting party within five (5) business days of the request; (d) each
party shall have no more than eight (8) hours to present its position;
and (e) the entire hearing shall last no longer than three (3) business
days. The award, if any, shall be rendered no more than thirty (30)
days following the end of the proceeding. Judgment upon the award
rendered by the arbitrator may be entered by any court having
jurisdiction. Both Parties expressly agree that 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. Each party shall bear its own attorneys' fees and costs in
connection with the proceedings and shall share equally the fees and
expenses of the arbitrator.
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