Terms of Use for James Avery Artisan Jewelry

These Terms of Use (the “Terms”) govern your access to and use of www.jamesavern.com (the “Site”), operated by James Avery Artisan Jewelry (“we,” “us,” or “our”). By accessing, browsing, or using the Site—including creating an account, viewing products, or placing an order—you (“you” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.

1. Eligibility to Use the Site

You must be at least 18 years old (or have the consent of a parent or legal guardian if you are a minor) to use the Site or place an order. By using the Site, you confirm that you meet this eligibility requirement and have the legal capacity to enter into these Terms.
You may only use the Site for personal, non-commercial purposes (unless you have written permission from us to use it for commercial purposes, such as wholesale partnerships).

2. Account Creation and Security

If you create an account on the Site, you must provide accurate, current, and complete information (e.g., name, email address, password). You are responsible for updating this information if it changes.
You are solely responsible for maintaining the confidentiality of your account password and any activity associated with your account. Immediately notify us at [email protected] if you suspect unauthorized access to your account.
We reserve the right to suspend, disable, or terminate your account at any time if we believe you have violated these Terms (e.g., sharing your password, using the account for fraudulent activity) or for any other legitimate business reason.

3. Permitted Use of the Site

You may use the Site only for lawful purposes and in a way that complies with these Terms. Permitted uses include:

Browsing product listings, reading product descriptions, and learning about James Avery Artisan Jewelry.
Creating an account to save preferences, track orders, or manage returns.
Placing orders for products in accordance with our Terms of Purchase (incorporated by reference into these Terms).
Contacting our customer service team for support or inquiries.

4. Prohibited Conduct

You may not use the Site for any unlawful, harmful, or disruptive purpose. Specifically, you agree not to:

Use the Site to engage in fraud, misrepresentation, or deception (e.g., providing false payment information, impersonating another person).
Interfere with the Site’s functionality, including hacking, introducing malware, or overloading servers.
Copy, modify, distribute, or publicly display any of the Site’s content (e.g., product images, logos, text) without our prior written permission—all such content is protected by copyright, trademark, and other intellectual property laws.
Violate any applicable laws or regulations, including those related to data privacy, consumer protection, or online conduct.
Collect or harvest personal information from other users (e.g., email addresses) without their consent.
Post or share content that is defamatory, offensive, discriminatory, or harmful to others (if the Site includes user-generated content features, such as reviews).

5. Intellectual Property Rights

All content on the Site—including logos, brand names, product designs, images, text, and software—is the exclusive property of James Avery Artisan Jewelry or our licensors. This content is protected by U.S. and international intellectual property laws.
Nothing in these Terms grants you a license to use our intellectual property. You may not use our trademarks (e.g., “James Avery Artisan Jewelry”) or logos in any way that could cause confusion or imply endorsement without our written approval.

6. Site Content and Availability

We strive to provide accurate, up-to-date content on the Site (e.g., product descriptions, pricing, inventory). However, we do not guarantee that content is error-free, complete, or current. Product availability, prices, and details may change without notice.
We reserve the right to modify, suspend, or discontinue the Site (or any part of it) at any time—including for maintenance, updates, or business reasons—without liability to you. We are not responsible for temporary interruptions to the Site due to technical issues, internet outages, or other circumstances beyond our control.

7. Third-Party Links

The Site may contain links to third-party websites (e.g., payment processors, shipping carriers). These links are provided for your convenience only, and we do not control or endorse the content, privacy policies, or practices of third-party sites. Accessing third-party links is at your own risk, and we are not liable for any damages or losses arising from your use of such sites.

8. Limitation of Liability

To the extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, or consequential damages (e.g., loss of profits, loss of data, inconvenience) arising from your use of, or inability to use, the Site or any content on it.
Our total liability to you for any claim related to the Site (whether for breach of contract, negligence, or otherwise) shall not exceed the greater of $100 or the amount you paid to us for products in the 12 months prior to the claim.
This limitation of liability does not apply to damages caused by our intentional misconduct, gross negligence, or violations of applicable law that cannot be disclaimed.

9. Indemnification

You agree to indemnify, defend, and hold harmless James Avery Artisan Jewelry (and our employees, directors, and partners) from any claims, damages, losses, or expenses (including legal fees) arising from: (i) your violation of these Terms; (ii) your use of the Site; (iii) any content you post or share on the Site; or (iv) your unauthorized use of our intellectual property.

10. Modifications to These Terms

We may update these Terms from time to time to reflect changes in our business practices, technology, or legal requirements. When we make changes, we will post the revised Terms on the Site. Your continued use of the Site after the revised Terms are posted constitutes your acceptance of the updated terms. We encourage you to review these Terms periodically.

11. Contact Us

If you have questions, concerns, or disputes related to these Terms or your use of the Site, please contact us:

Email: [email protected]
Address: 414 Oak Avenue, Springfield, Illinois 915, United States of America