Terms & Conditions

WWW.ARKFINEJEWELRY.COM
TERMS OF SERVICE

The following Terms of Service and any other rules posted on our Site constitute an agreement between ARK Fine Jewelry, Ark and Arrows, LLC ("ARK", "arkfinejewelry.com",  "we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at the ARK website and related micro-sites accessed through the URL www.arkfinejewelry.com and related domain names, and any other website or micro-site of ARK (collectively the "Site").

By visiting the Site, you are accepting and consenting to the practices described in the Terms & Conditions.

We may modify the Terms & Conditions from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified Terms & Conditions.

Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy.

Please read the Terms & Conditions and check back often. If you do not agree to any change to the Terms & Conditions, then you must immediately stop using the Site.

Orders

Once an order has been placed, we are unable to modify or cancel your order. Items that are in stock will ship immediately. If an item is not in stock, it will be made to order and a representative will contact you with an estimated delivery date. Estimated delivery times for items not in stock are generally between 4-8 weeks.

The receipt by you of an order confirmation does not constitute Company's acceptance of an order. Prior to Company's acceptance of an order, verification of information and approval of the order may be required. Company reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Company, for any reason. Company reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

We are not responsible for any pieces not purchased directly from ARK, ARK Fine Jewelry, Ark and Arrows, LLC. 

COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE COMPANY SERVICES, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

International Policy

At the moment, we only provide automatic shipment domestically within the 50 United States and Puerto Rico.  For international orders please contact us directly at info@arkfinejewerly.com. 

The purchaser is responsible for all taxes and duties imposed by their country of residence.  Should ARK be invoiced directly from the shipping company after delivery, we will email an invoice for the balance due which will need to be paid immediately.  ARK is not responsible for any delays or other issues that may arise when shipping internationally.

For questions regarding customs fees and laws, we suggest contacting your local government. We are unable to mark the merchandise as “gift” or “no commercial value”. 

Prices

All prices displayed in the Company Services are quoted in U.S. dollars. The company may, in its discretion, restrict delivery to addresses within the United States. The company will add shipping and handling fees and applicable sales/use tax. Products and services offered on this site are available while supplies last.

ARK accepts all major credit cards.  For security, your billing address must match the address on file at your credit card company.  If there is a discrepancy, there will be a delay in processing the order.

ARK does not accept personal checks, money orders, CODs, or Layaway Plans.

You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.

Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

Sales Tax

Sales tax is applicable and will be charged on all orders shipped within California

Site Imagery

Product imagery may be subject to change without notice. All products are shot to show as much detail as possible, some products may appear larger or smaller than their actual size.  Also, be aware every computer monitor has different settings so color and size may vary. 

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

Product Descriptions

Product images are subject to change without notice. All products are photographed to show as much detail as reasonably possible. Some items may appear larger or smaller than their actual sizes, and are not shown to scale. The item descriptions indicate approximate dimensions. Also, please note that because computer monitors have different settings, colors and sizes may vary. If you have any questions regarding the size, color or any other physical aspect of a particular item, please contact us at Info@arkfinejewelry.com.

All total carat weights provided are approximate estimates and may vary within ± 10% of the carat weight. Carat weight for standard-size rings is based on a U.S. size 6 or 7. All of our rings are standard U.S. sizes. If you do not know your U.S. ring size, we recommend contacting your local jeweler.

Site Information

We make every attempt to ensure that our online catalog of products is as accurate and complete as possible. Unfortunately, it is not possible to ensure that it is completely free of human or technological errors. We reserve the right to correct any errors, inaccuracies or omissions - including after an order has been submitted - and to change or update information at any time without prior notice. Prices and descriptive information or imagery are subject to change without notice. If a product's listed price is lower than its actual price, we will contact you prior to processing the order to confirm the new price. Should you not want to continue with your order at this time, it will be canceled. We will not honor inaccurate or incorrect pricing. We do not negotiate the prices of our products. 

 Intellectual Property Rights

You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including ARK Software and all HTML and other code contained in this Site, shall remain at all times vested in ARK and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by ARK and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above-listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Content

In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. ARK tries to ensure that the information on this site is accurate and complete. ARK Fine Jewelry does not warrant or represent that ARK's Content is accurate, error-free or reliable or that your use of ARK's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. ARK by Ann Fine Jewelry does not warrant that the functional aspects of the website or content will be error free or that this Web Site, ARK content or the server that makes it available are free of viruses or other harmful components. If your use of this site or ARK's content results in the need for servicing or replacing property, material, equipment or data, ARK is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. ARK and its suppliers make no warranties about ARK content, software text, downloads, graphics, and links, or about results to be obtained from using the site. You bear the entire risk of the completeness, accuracy or usefulness of any content found on this site. ARK reserves the right to withdraw, temporarily or permanently, any content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that ARK is not liable to you or any third party for any such withdrawal.

Custom Sizing

Please e-mail info@arkfinejewelry.com for any custom sizing requests.

Ownership of Content

All content, design, information, text, images, names, likenesses, pictures, graphics, formats, code and software, technical drawings, configurations, graphics, photographs, audio and video files, scripts, links, interactive features and other material and files (collectively, “Content”) used on or incorporated into this Site, and the selection, arrangement and/or integration of all such Content are either registered trademarks, trademarks, trade names, service marks, copyrights or otherwise protected property of ARK and Arrows LLC, or used under license or otherwise, and all rights thereto are specifically reserved. Content on the Site may not be used, copied, published, broadcasted, distributed, reproduced or transmitted without our prior written consent.

Restrictions on Use

Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site. You agree not to use the Site to provide information which is incomplete, false, inaccurate and not your own; engage in criminal activity or otherwise give rise to conduct that may violate the law or fail to comply with accepted internet protocol; attempt to interfere in any way with the Site or the Site’s security or to use the Site’s service to gain unauthorized access to any other computer system.

Security 

From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts, as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of these Terms, we may, in our sole discretion, declare you to be in breach of the Terms, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law. 

Disclaimer of Liability

We make no representations or warranties of any kind, whether expressed or implied, with respect to this website, it's content or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

By visiting this website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.

ARK and Arrows LLC attempts to provide accurate and timely information. There may, however, be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site without notice. Your use and browsing, and any reliance by you upon this Site, is at your own risk and you assume full responsibility associated with your use of the Site. 

ARK and Arrows LLC disclaims all warranties, conditions, representations and endorsements of any kind, either expressed or implied, with regard to the information accessed including all content and material, functions and services provided on the Site, provided without warranty of any kind, including the warranties concerning availability, accuracy, completeness, usefulness of content and information, uninterrupted access, and any warranty of title, non-infringement, merchantability or fitness for a particular purpose. 

ARK and Arrows LLC does not warrant that the Site, content, materials or services will be timely, secure, uninterrupted or error free, or that defects will be corrected. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk, and you are solely responsible for any damage that may result. In no event shall ARK and Arrows LLC, its affiliates or any of its directors, officers, employees, agents, or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or cause of action arising from or in any way related to the use of, or the inability to use, or the performance of the Site or the Content and materials or functionality on or accessed through the Site including, loss of revenue, or anticipated profits or lost business, data or sales or any other type of damage, tangible or intangible in nature. 

COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE COMPANY SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. COMPANY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE COMPANY SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE COMPANY SERVICES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE COMPANY SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE COMPANY SERVICES OR ANY LINKED SITE OR ITS CONTENTS.

Disclaimer of Warranty

Except as expressly provided to the contrary in a writing by ARK this site, the content contained therein and the products and services provided on or in connection therewith (the “products and services”) are provided on an “as is” basis without warranties of any kind, either express or implied.  ARK disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information content, and materials in our site.  ARK does not represent or warrant that materials on our site or the services are accurate, complete, reliable, current or error-free.  ARK does not represent or warrant that our site or its servers are free of viruses or other harmful components.

DISCLAIMER 

The Website and/or Services may be unavailable from time to time for various other reasons, including due to maintenance or malfunction of computer equipment. We assume no responsibility for any delays, interruptions, errors, defects, omissions, or deletions arising from or related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications, nor are we responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or in connection with the Website and/or the Services, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using the Website and/or the Services. In addition, the Internet may be subject to breaches of security. The Company is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone, including us, over the Internet. The Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Website. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by the Company.

  1. NO WARRANTY. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THE WEBSITE AND/OR SERVICES. TO THE EXTENT PERMITTED BY GOVERNING LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE AVAILABILITY OF THE WEBSITE OR THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, SERVICES, OR SERVER DO NOT VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE AND/OR THE SERVICES  IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
  2. LIMITATION OF LIABILITY. YOU AGREE THAT THE COMPANY AND ITS PARENT, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OWNERS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE WEBSITE AND/OR THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE WEBSITE AND/OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS ($1000) AND IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND US AT THE TIME YOUR ORDER IS ACCEPTED BY US. 

BY USING THE WEBSITE AND/OR ACCESSING THE SERVICES AND THEREBY AGREEING TO THESE TERMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“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.”

Indemnification

You agree to defend, indemnify, and hold harmless Company, Company's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Company Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Company Services or any product or service provided to you arising out of or relating to your use of the Company Services.

You agree to indemnify and hold harmless arkfinejewelry.com, ARK and Ark and Arrows, LLC and its officers, directors, employees and suppliers, from any claim, demand, action or damage, including reasonable attorneys’ fees, made or incurred by any third party arising out of or related to your use of this site.

  1. NOTICES. All notices given by you to us must be given in writing to info@arkfinejewelry.com. We may give notice to you at either the email or postal address you provide to us when placing an order.
  2. MISCELLANEOUS. These Terms constitute the entire agreement and understanding between us concerning the subject matter hereof. You may not transfer or assign any or all of your rights or obligations which may arise under these Terms and/or any order you may place. Subject to the preceding sentence, these Terms are binding upon each of our respective heirs, devisees, executors, personal representatives, administrators, successors and assigns. No waiver of any provision of these Terms and/or your rights or obligations shall be effective, except pursuant to a written instrument signed by the Company and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. The laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to this Website,  the Services and/or the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the State and Federal Courts of California located in Los Angeles with respect to such matters. If any provision of these Terms is determined by any court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision will be enforced to the maximum extent possible given the intent of the parties hereto.  If such clause or provision cannot be so enforced, such provision shall be stricken from these Terms and the remainder of these Terms will be enforced as if such invalid, illegal or unenforceable clause or provision had (to the extent not enforceable) never been contained in this Agreement. 

Content

In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. ARK tries to ensure that the information on this site is accurate and complete. ARK Fine Jewelry does not warrant or represent that ARK's Content is accurate, error-free or reliable or that your use of ARK's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. ARK by Ann Fine Jewelry does not warrant that the functional aspects of the website or content will be error free or that this Web Site, ARK content or the server that makes it available are free of viruses or other harmful components. If your use of this site or ARK's content results in the need for servicing or replacing property, material, equipment or data, ARK is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. ARK and its suppliers make no warranties about ARK content, software text, downloads, graphics, and links, or about results to be obtained from using the site. You bear the entire risk of the completeness, accuracy or usefulness of any content found on this site. ARK reserves the right to withdraw, temporarily or permanently, any content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that ARK is not liable to you or any third party for any such withdrawal.

No Commercial Use

This site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

Your Activity

You use this site at your sole risk. You agree that you will be personally responsible for your use of this site and for all of your communication and activity on this site. We reserve the right to deny you access to this site, or any part of this site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms & Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the site.

You agree not to collect or harvest any personally identifiable information, including account names, from the site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the site with respect to any submissions made by them.

We may include hyperlinks on this Site to other websites or resources operated by parties other than ARK, including advertisers. ARK has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

General

While ARK will use reasonable endeavors to verify the accuracy of any information it places on the site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this site, or any transaction that may be conducted on or through this site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these Terms & Conditions shall limit your rights as a consumer under the laws of the State of California.


You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this site by you.


You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Terms & Conditions.

Trademarks

ARK Fine Jewelry and any other product or service name or slogan contained in our site are trademarks of Ark and Arrows, LLC and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ARK and Ark and Arrows, LLC or the applicable trademark holder.  

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or the Site. You acknowledge that the Site and the Service contain copyrights, trademarks, service marks, or other intellectual property of ARK. Unless specifically stated otherwise, Ark and Arrows, LLC owns the copyright to the Site, all images on the Site and on all jewelry designs as well as the rights in several trademarks. You agree not to infringe upon ARK’s intellectual property rights in any manner.

Security

ARK Fine Jewelry uses appropriate security measures to protect the information you provide to us.  However, while we take reasonable steps to protect this personal information from unauthorized access, use or disclosure, you accept that no internet data transmission can be guaranteed to be secure from access by unintended recipients and will not hold us responsible for any breach of security unless this breach is due to our gross negligence. ARK will never sell email addresses or physical addresses to third parties.

Submissions

Except as otherwise expressly provided herein or in Company's separately posted Privacy Statement, any communication or material you transmit to Company through the Company Services by electronic mail or otherwise, including without limitation any images, photographs, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Company, including without limitation reproduction, modification, disclosure, transmission, publication, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law.  Furthermore, Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Company through the Company Services for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such communication

Choice of Law

By visiting arkfinejewelry.com you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and arkjems.com or Ark and Arrows, LLC.  Any disputes arising between you and ARK shall be settled and determined in Los Angeles, California in any court having jurisdiction thereof. By visiting arkarrows.com you irrevocably submit to the jurisdiction of any of said courts for purposes of resolving such disputes and waive any claims or defense of inconvenient forum or lack of personal jurisdiction.

Modifications to Service/Termination

ARK reserves the right at any time to modify or discontinue the Service (or any part thereof). You agree that ARK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that ARK reserves the right to deactivate accounts, cancel orders, and/or refuse to accept orders from users that violate the Terms or for such other reason as determined by ARK.

ARK Proprietary Rights

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or the Site. You acknowledge that the Site and the Service contain copyrights, trademarks, service marks, or other intellectual property of ARK. Unless specifically stated otherwise, Ark and Arrows, LLC owns the copyright to the Site, all images on the Site and on all jewelry designs as well as the rights in several trademarks. You agree not to infringe upon ARK’s intellectual property rights in any manner.

Third Party Sites

Your dealings with advertisers or any links or third-party sites found on or through the Service are solely between you and such third-party. Because ARK has no control over such sites and resources, you acknowledge and agree that ARK is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, materials, advertising, products, promotions or any other activities or events. We suggest that you carefully read the applicable terms and privacy policies of any other site you may visit.

No Commercial Use

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

ARK reserves the right to refuse sales or cancel orders placed by a customer in violation of the site’s terms or as otherwise determined by ARK.

Orders may be placed online at arkfinejewelry.com at any time. Orders will be confirmed within 24 hours by a sales representative. If the item is ready before the allotted window, the item will ship as soon as it is complete. You will be notified via email when your order ships.

We cannot guarantee a delivery date, however, we will do our best to deliver the item as soon as possible.

Miscellaneous

These Terms constitute the entire agreement of the parties with respect to the subject matter such subject matter. No waiver by Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

Company shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Access to or use of the Company Services shall not be construed as Company's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of California. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law provisions. Additionally, any claims brought against Company shall be governed by and construed in accordance with the laws of the State of California. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the Company Services, or any orders placed or products or services purchased through any of them, shall be in the state or federal courts located in the Courts of California.

Your Consent

By visiting ARK, you are accepting and consenting to the practices described in this Privacy Policy and the Terms and Conditions.

If you have any questions please contact us.

How to Contact Us: Please email us at info@arkfinejewelry.com 

Lastly.

These Terms constitute the entire agreement and understanding between us concerning the subject matter hereof. You may not transfer or assign any or all of your rights or obligations which may arise under these Terms and/or any order you may place. Subject to the preceding sentence, these Terms are binding upon each of our respective heirs, devisees, executors, personal representatives, administrators, successors and assigns. No waiver of any provision of these Terms and/or your rights or obligations shall be effective, except pursuant to a written instrument signed by the Company and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. The laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to this Website,  the Services and/or the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the State and Federal Courts of California located in Los Angeles with respect to such matters. If any provision of these Terms is determined by any court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision will be enforced to the maximum extent possible given the intent of the parties hereto.  If such clause or provision cannot be so enforced, such provision shall be stricken from these Terms and the remainder of these Terms will be enforced as if such invalid, illegal or unenforceable clause or provision had (to the extent not enforceable) never been contained in this Agreement. 

WE MAY AMEND OR REVISE THESE TERMS AT ANY TIME. YOUR CONTINUED ACCESS AND USE OF WWW.ARKFINEJEWELRY.COM FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL BE DEEMED YOUR ACCEPTANCE OF AMENDED OR REVISED TERMS.

 

You should print a copy of these terms and conditions for future reference.

 

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