Welcome to the amarx collection website which is provided to You by amarx collection, LLC
www.amarxcollection.com website (the “Website”) and the services offered by amarx collection
and services from amarx collection and Your access to and use of and the Website’s content,
including its text, layout, images and graphics and the selection and arrangement thereof
(collectively, “Content”) available on or through the Website. The words “You” and “Your” as
used in this Agreement refer to users of the Website and other persons who access the Website.
Please review the following disclosures and terms that govern Your use of the Website (the
“Agreement”). The Website is owned and/or operated by amarx collection. As used in this
Agreement, the words “We,” “Us,” and “Our” refer to amarx collection.
Your use of the Website constitutes Your Agreement and acceptance without change of these
terms and conditions. In addition, as a condition of Your use of the Website, You represent and
warrant to amarx collection that You will not use the Website or the Services for any purpose
that is unlawful or prohibited by these terms and conditions. If You do not agree and accept these
terms and conditions, Your use of the Website and the Services is prohibited.
By accessing, browsing or using the website and/or the services, You acknowledge that:
1. You are at least 18 years old and have read and understand all of the terms and
you and amarx collection; and
4. If accessing, browsing or using the website on behalf of an entity, You have full
authority to bind your entity to all of the terms and conditions of these Terms of
If You are not willing to be or cannot be bound by all of the terms and conditions of these Terms
of Use, including without limitation the acknowledgement set forth in paragraphs 1-4 above,
then do not browse or use the Website or the Services. Moreover, amarx collection does not and
will not grant You any right or license to access, browse or use the Website or the Services
without your willingness and ability to be bound by all of the terms and conditions of herein,
including without limitation the preceding acknowledgement.
Our Services include sourcing, designing, redesigning and recreating one or more pieces of
jewelry (individually and collectively, the “Piece”) for You. We will not perform any Services
to the proposed scope of work which will include, among other things, the design We will use to
create or recreate the Piece or the piece of jewelry that We will source for You and the amount
We will charge to perform the Services (the “Proposed Scope of Work”), and (iii) We receive the
deposit set forth in the Proposed Scope of Work. In addition, payment in full is required before
We send the recreated Piece (the “Completed Piece”) or the sourced Piece (the “Sourced Piece”)
to You. Any changes to the Proposed Scope of Work must be in writing and specifically
accepted by both You and Us.
We reserve the right to refuse service to anyone for any reason at any time. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer account, the same credit
card, and/or orders that use the same billing and/or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or
We have made every effort to display as accurately as possible the colors and images of our
products that appear on the Website. We cannot guarantee that your computer monitor's display
of any color will be accurate.
We insure your jewelry against damage, theft and loss when it is in our possession and when we
ship the Completed Piece or the Sourced Piece to You.
We are not responsible or otherwise liable for jewelry that is damaged, lost or stolen while in
transit from You to Us or at any other time before it is received by Us. We strongly recommend
that when You ship Your jewelry to Us, You insure the jewelry with the carrier at the jewelry’s
Before sending Your jewelry to Us, We strongly recommend that You have it appraised by a
qualified appraiser. Without a qualified appraisal, it may be difficult if not impossible to
successfully obtain insurance coverage in the event of damage, theft or loss.
Due to the nature of customized and limited edition jewelry, unless notified in writing by Us that
the Completed Piece or the Sourced Piece is returnable or exchangeable, the creation of the
Completed Piece or purchase of the Sourced Piece is a final sale.
If for any reason We do not receive payment for the Services, a payment is revoked by a credit
card issuer, bank or PayPal or if a payment is found to be fraudulent, We may exercise our rights
in law and equity, including (a) immediately ceasing work on any Services being provided to
You; (b) retaining possession of the Completed Piece or the Sourced Piece until full payment is
received; (c) seeking collection of the outstanding amount owed; and/or (c) seeking legal action
against you for the breach of these Terms.
To the extent We are obligated to collect sales, use or excise taxes based on Your use of the
Services, the applicable tax will be reflected and included in the cost of Services set forth in the
Proposed Scope of Work.
INTELLECTUAL PROPERTY RIGHTS AND LICENSE
You understand and agree that the Website, the Services, the Content and the design(s) shown on
the Proposed Scope of Work and/or embodied in the Completed Piece and the Sourced Piece
(individually and collectively, the “Designs”) are and remain the sole property of amarx
collection or third-party providers, as applicable. Unless otherwise agreed to in writing between
amarx collection and You, amarx collection or third-party providers owns or licenses all
intellectual property including trademarks, copyrights, patents and moral rights in and to the
Website, the Services and the Designs.
You understand and agree that (i) amarx collection possesses the right to copy, reproduce,
modify, adapt, distribute, sell, rent, license, transfer, publicly display and create derivative works
from the Designs and (ii) the Designs may not be unique, original or created specifically for You.
By requesting the Services and providing the Piece to Us, You warrant and represent that You
possess the right to have the Piece redesigned and/or modified and that by redesigning and/or
modifying the Piece, We will not be violating the rights of any third party or any other
restriction, contractual or otherwise, relating to modifying the design or appearance of the Piece.
“AMARX COLLECTION” is a trademark owned by amarx collection LLC. All other
trademarks, service marks, domain names, logos, and company names (collectively “Other
Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks,
service marks, domain names, logos, company names of or are otherwise the property of amarx
collection or their respective owners.
to the amarx collection trademark or the Other Trademarks. You agree that You shall not use the
amarx collection trademark or the Other Trademarks in any manner inconsistent with the
the respective owners of the Other Trademarks as the case may be.
Except as expressly permitted by amarx collection in writing, You agree that Your license to
access, browse and/or use the Website and the Content is limited solely to a personal, revocable,
nonexclusive, non-transferable license to (i) access and view the Website and the Content, and
(ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or
offline viewing of such Content solely for Your non-commercial use and not for resale or
distribution to anyone else. You also agree that, with respect to any copy of the Content that You
download, create, generate, store and/or print, You will reproduce and include all copyright and
other proprietary notices included in such Content.
You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload,
post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape,
extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect
of this the Website or any of the Content, in whole or in part, in any form or by any means,
whether manual or automatic. Further, You shall not use any keywords, metatags, meta elements,
“hidden text” or other equivalents using the names “amarx collection” or any other colorable
equivalent without the prior written authorization of amarx collection.
Amarx collection recognizes the importance of protecting Your privacy. Please click Privacy
records, electronic communications, information, materials or other content of any kind (i) if
amarx collection believes in good faith that the law or legal process requires it; (ii) if such
disclosure is necessary or appropriate to operate the Website or provide the Services; or (iii) to
protect amarx collection’s rights and property or the rights and property of amarx collection’s
users and business partners.
USE OF THE WEBSITE
Without limiting anything else contained in this Agreement, You agree and acknowledge that:
The Content and the databases used to store the Content (“Databases”) and any other information
contained therein are valuable intellectual property owned by or licensed to amarx collection,
that You will not, directly or indirectly:
1. Use any of the Content, Databases and any other information contained therein
for any purposes other than Your personal, non-commercial use;
2. Use the Content, Databases and any other information contained therein to
establish independent data files or otherwise amass statistical information thereof
3. Use the Content, Databases and any other information contained therein in
violation of any applicable laws or regulations,
4. Publish or distribute in any medium Content, Databases and any other information
contained therein, and/or summaries or subsets thereof to any person or entity;
5. Obtain or ascertain or attempt to obtain or ascertain any other user’s user name
and/or personal information by any means whatsoever;
6. Elude or attempt to elude the Website’ security systems;
7. Attempt to gain access or gain access to the Website in a fraudulent manner;
8. Use the Website for any purposes other than those intended by amarx collection,
as determined by amarx collection in its sole discretion; or
9. Upload or submit any data or information containing viruses or any computer
code, corrupt files or programs engineered or intended to disrupt or destroy the
functionality of any software, hardware, telecommunications, networks, servers,
or other equipment.
You specifically acknowledge and agree that any and all misappropriation or misuse of the
Content, Databases and any other information contained therein will cause irreparable harm to
amarx collection and that in such event money damages will not constitute sufficient
compensation to amarx collection; consequently, in the event that You, directly or indirectly,
misappropriate or misuse the Content, Databases and any other information contained therein,
You specifically consent to amarx collection obtaining injunctive relief against You in addition
to any other legal or financial remedies to which amarx collection may be entitled.
Amarx collection reserves the right to modify and/or discontinue the Website at any time, for any
reason and without notice.
NOTICE OF ENFORCEMENT
Amarx collection vigorously enforces its intellectual property rights to the fullest extent of the
law. Accordingly, amarx collection will prosecute any unauthorized use or reproduction of any
of the Content, Submissions and any other information contained therein that violate the
protection afforded by the United States and international copyright law and trademark law,
and/or other state, federal, and international laws and regulations, including laws pertaining to
contracts, and privacy and publicity.
At certain places on the Website, live hypertext links to other Internet websites can be accessed.
Such other Websites contain information created, published, maintained, or otherwise posted by
organizations not related to and otherwise independent of amarx collection. amarx collection
does not endorse, approve, certify, maintain, or control these other Website and does not
guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information
located at such addresses. amarx collection provides the links only as a convenience. Use of any
information obtained from such addresses is voluntary, and reliance on it should only be
undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as
link on the Website nor reference on the linked Website to any product, process, or service by
name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies
endorsement, recommendation, or referral by amarx collection. You acknowledge and agree that
amarx collection shall not be liable for any damages or injury resulting or arising from the
content of or access to such other Website.
There may be circumstances where access to the Website is provided by a hypertext link located
at another website. amarx collection has no responsibility for the content of such other website,
amarx collection does not make any representations or give any warranties or conditions with
respect to any information contained in or at such other website and You acknowledge and agree
that amarx collection shall not be liable for any damages or injury resulting or arising from the
content of or access to such other website. amarx collection does not endorse the individuals,
companies or other similar entities, or any products or materials associated with such individuals,
companies or other similar entities, which provide a link to the Website. Unless approved in
writing in advance by amarx collection, You agree not to: (i) provide or create a link to the
Website; or (ii) create any frames at any other sites pertaining to any of the Content located at the
Website. You also agree not to post any materials at the Website without the express written
permission of amarx collection.
We have extensive security measures in place to protect the loss, misuse and alteration of the
information stored in our database. We will exercise reasonable care in providing secure
transmission of information between Your computer and our servers, but given that no
information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or
warrant the security of any information transmitted to us over the Internet and hence accept no
liability for any unintentional disclosure.
NO WARRANTIES; EXCLUSION OF LIABILITY
THE INFORMATION AND CONTENT ON THE WEBSITE ARE PROVIDED FOR YOUR
REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET
FORTH HEREIN. THE INFORMATION AND CONTENT MAY BE CHANGED FROM
TIME TO TIME WITHOUT NOTICE.
THE WEBSITE IS OPERATED BY AMARX COLLECTION, LLC ON AN AS IS; AS
AVAILABLE; BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AMARX COLLECTION, LLC,
ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE AMARX
COLLECTION BUSINESSES) MAKE NO REPRESENTATION ABOUT THE
SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH
MATERIALS ARE PROVIDED ; AS IS; WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. THE AMARX COLLECTION BUSINESSES AND ALL THIRD
PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL
WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE AMARX
COLLECTION BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR
LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS
OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR
INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR
COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION
WITH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
IN NO EVENT SHALL EITHER THE AMARX COLLECTION BUSINESSES, THEIR
AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE,
THE SERVICES OR THE CONTENT OR THE DELAY OR INABILITY TO USE OR
OBATIN THE WEBSITE, THE SERVICES OR THE CONTENT EVEN IF THE AMARX
COLLECTION BUSINESSES HAVE BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT NEITHER THE AMARX COLLECTION BUSINESSES NOR ANY
OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING
THE FOREGOING, THE AMARX COLLECTION BUSINESSES DO NOT REPRESENT OR
WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE,
RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE
WITHOUT INTERRUPTION OR ERROR.
THE AMARX COLLECTION BUSINESSES MAKE NO REPRESENTATION THAT
CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE
IN LOCATIONS OUTSIDE OF THE UNITED STATES.
AMARX COLLECTION’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO
EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS
AGREEMENT IS IN DEROGATION OF AMARX COLLECTION’S RIGHT TO COMPLY
WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR
USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY AMARX
COLLECTION WITH RESPECT TO SUCH USE.
CORRECTION OF ERRORS AND INACCURACIES
The information on the Website may contain typographical errors or inaccuracies and may not be
complete or current. Amarx collection therefore reserves the right to correct any errors,
inaccuracies or omissions and to change or update information at any time without prior notice.
Please note that if the Website offers products or services for sale, such errors, inaccuracies or
omissions may relate to product description, pricing and availability.
an email to firstname.lastname@example.org
Although amarx collection will in most circumstances be able to receive Your email, amarx
collection does not guarantee that it will receive all such emails and shall not be legally obligated
to read, act on or respond to any such email. Be aware that email typically is not secure.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AMARX
COLLECTION AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS,
CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY
AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES,
COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND
LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
1. YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, OR ANY
PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;
4. ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE
WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF
THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER
NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY
OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITE
RELEASE FOR FORCE MAJEURE
You absolve and release amarx collection and its officers, directors, shareholders, employees,
agents, content providers, customers and suppliers from any claim of harm resulting from any
cause(s) over which amarx collection or they do not have direct control, including, but not
limited to, failure of electronic or mechanical equipment or communication lines, telephone or
other interconnect problems, computer viruses or other damaging code or data, unauthorized
access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor
problems, wars, or governmental restrictions.
TERM AND TERMINATION
Website, the Services or any of the Content, and continues in perpetuity unless terminated by
You and/or amarx collection. Amarx collection reserves the right, at any time and for any reason,
without notice to You, (i) to deny You access to the Website, the Services and any of the
Content; (ii) to change, remove or discontinue the Website, the Services and any of the Content
Services and the Content. The warranty disclaimers, limitations and exclusions of liability,
JURISDICTION; COMPLIANCE WITH LAWS
Except as set forth otherwise herein, amarx collection controls and operates the Website from the
United States of America and makes no representation that the Content and Services are
appropriate or available for use in other locations. You are responsible for compliance with
applicable local laws including, without limitation, all export and import laws. Some of the
Content may be subject to export controls imposed by the United States and may not be
downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any
country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury
Department’s Specially Designated national list, or (iii) to anyone on the US Commerce
Department’s Table of Denial Orders. If You download or use the Content, You represent and
warrant that You are not located in, or under the control of, or a national or resident of any such
country or on any such list.
Access, browsing and use of the Website, the Content, the Services, the Designs, the Completed
United States federal law and/or the laws of the State of New York without regard to any conflict
of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction.
The Convention on International Sale of Goods shall not apply to any sale or other transaction
made through the Website.
ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE
OF THE WEBSITE, THE SERVICES, THE DESIGNS OR THE COMPLETED PIECE SHALL
BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE
OF NEW YORK, NEW YORK COUNTY, USA. YOU AND AMARX COLLECTION
AGREE TO SUBMIT TO THE JURISDICTION OF AND AGREE THAT VENUE IS PROPER
IN THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
No delay or omission by amarx collection to exercise any right occurring upon any
any such right or power or be construed to be a waiver thereof. Any waiver by amarx collection
of any of the covenants, conditions or Agreements to be performed by You will not be construed
to be a waiver of any succeeding breach thereof or of any covenant, condition or Agreement
court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in
to create a partnership, joint venture, or agency relationship between You and amarx collection.
CONTINUED USE DEEMED ACCEPTANCE
Amarx collection reserves the right, at its sole discretion, to change, alter, amend or otherwise
amarx collection will deem Your continued use of the Website, the Services or any of the
Content to constitute Your acceptance of and agreement to such modification.
respect to Your use of the Website, the Services and the Content, and supersede any and all prior
understandings or Agreements between You and amarx collection, whether written or oral. You
acknowledge that, in providing You access to and use of the Website, the Services and the
Amarx collection October 2017