These terms and conditions apply to the Always in Fashion Web site located at www.alwaysinfashion.com, and all associated Web sites linked to www.alwaysinfashion.com by Always in Fashion, its subsidiaries and affiliates. Please read these terms and conditions (the 'Terms and Conditions') carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. These Terms and Conditions govern your use of, and any purchase from, the Alwaysinfashion.com Site, and constitute an agreement between you and Alwaysinfashion.com. Alwaysinfashion.com reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
The Site and all content and other materials, including, without limitation, the Always in Fashion logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Alwaysinfashion.com or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The Always in Fashion logos, and any other product or service name or slogan contained in our Site are trademarks of Alwaysinfashion.com and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Alwaysinfashion.com or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Always in Fashion" or any other name, trademark or product or service name of Always in Fashion without our prior written permission. All other trademarks, registered trademarks, product names and Always in Fashion names or logos mentioned in our Site are the property of their respective owners.
Alwaysinfashion.com DOES NOT WARRANT THAT INFORMATION CONTAINED ON THE SITE WILL BE ACCURATE, RELIABLE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Alwaysinfashion.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; Alwaysinfashion.com WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES; Alwaysinfashion.com WILL NOT BE LIABLE OR RESPONSIBLE FOR DELIVERY DELAYS, LOSS AND DAMAGES OF THE PARCELS SHIPPED AND MAY IN ITS SOLE DISCRETION DECIDE TO RESHIP PARCELS OR TO ISSUE REFUNDS. Alwaysinfashion.com MAY IN ITS SOLE DISCRETION ADD, DELETE, OR CHANGE SOME OR ALL OF ITS PRODUCTS AND SERVICES AT ANY TIME. Alwaysinfashion.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, Alwaysinfashion.com cannot guarantee that such depiction will be accurate. The products also may appear larger or smaller than their actual size and the colors may vary slightly, depending on your monitor. Some photographs have been enlarged to show detail. On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed.
You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Alwaysinfashion.com, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Alwaysinfashion.com has adopted a policy of terminating and barring, in appropriate circumstances and at Alwaysinfashion.com's sole discretion, site users or account holders who are deemed to be repeat infringers. Alwaysinfashion.com may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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), Alwaysinfashion.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 Alwaysinfashion.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, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED 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, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Alwaysinfashion.com, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Alwaysinfashion.com's RECORDS, PROGRAMS OR SERVICES, EVEN IF Alwaysinfashion.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF Alwaysinfashion.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 Alwaysinfashion.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. Alwaysinfashion.com DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to defend, indemnify and hold harmless Alwaysinfashion.com, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Alwaysinfashion.com and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Subject to the following arbitration provision these terms and conditions shall be governed by, construed and interpreted according to the laws of Italy, and you and Alwaysinfashion.com (the 'Parties') agree to and consent to the exclusive jurisdiction and venue of the courts in Italy. 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 Italy, before a single arbitrator familiar with the Uniform Commercial Code using the Commercial Rules of our country Arbitration Association, with the following modifications to be enforced by the arbitrator consistent with Italian 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.
Alwaysinfashion.com may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Alwaysinfashion.com does not monitor or have any control over any Third Party Content or third party Sites. Alwaysinfashion.com does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Alwaysinfashion.com does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Alwaysinfashion.com may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Alwaysinfashion.com, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Alwaysinfashion.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- Alwaysinfashion.com advertisers on our Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Alwaysinfashion.com, or our products or services that are provided by you to Alwaysinfashion.com are non-confidential and shall become the sole property of Alwaysinfashion.com. Alwaysinfashion.com will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Alwaysinfashion.com and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.