When You, the user (“You” or “Customer”) use the Site, SMJ, Inc. grants a limited license to You to use the Site solely on behalf of yourself or your organization or company as intended by SMJ, Inc.and in compliance with the Terms and Conditions of Use. This license expressly excludes, without limitation, any resale of the Site and the services offered by SMJ, Inc., making any derivative of the Site, the collection and use of e-mail addresses or other information, ratings or listings, or any data extraction or data mining whatsoever.
LINKS TO OTHER SITES
SMJ, Inc. may provide links to other sites on the World Wide Web for your convenience or information only. These sites are maintained by third parties over which SMJ, Inc. exercises no control, and accordingly SMJ, Inc. expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party Web sites. SMJ, Inc. has not reviewed all sites linked to this Site and is not responsible for the contents of any off-Site pages or any other sites linked to the Site.
STATEMENTS MADE IN DESCRIBING GOOD
SMJ, INC. DOES NOT WARRANT THAT THE MATERIALS WILL BE ACCURATE, RELIABLE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMJ, INC. CANNOT BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN THE CATALOG OR SITE, GLOSSARY, OR ANY SUPPLEMENTAL MATERIAL. MATERIAL ON THE SITE MAY ALSO CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE; SMJ, INC. WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES. MAYOR’S MAY IN ITS SOLE DISCRETION ADD, DELETE, OR CHANGE SOME OR ALL OF ITS SERVICES AT ANY TIME.
PERMISSION TO USE YOUR CONTENT
By transmitting any suggestions, information, material, or other content (collectively, “content”) to SMJ, Inc., you automatically grant SMJ, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, SMJ, Inc. is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information.
CUSTOMER’S REPRESENTATIONS & INDEMNITY
You expressly represent and warrant to SMJ, Inc. that You will use this Site, and any products purchased from SMJ, Inc., in accordance with all applicable local, state, national and international laws, and in accordance with the Terms and Conditions of Use. You agree to defend, indemnify, and hold harmless SMJ, Inc., its parent, subsidiaries, and affiliates, and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, 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 (a) Customer’s use of the Site; and (b) any breach by Customer of these Terms and Conditions of Use. You hereby waive and release SMJ, Inc. from all rights of contribution or indemnity to which You may otherwise be entitled.
LIMITATION OF LIABILITY AND WARRANTY. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. SMJ, INC. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES EXCEPT AS SET FORTH BELOW OF ANY KIND EITHER EXPRESS OR IMPLIED REGARDING THE SITE AND ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THE SITE OR THE CATALOG. If, for any reason, you are not completely satisfied with any purchases, simply return it to us within 30 days of purchase (10 days for watches) for full credit or exchange. The item must be in its original packaging. Return shipping charges must be prepaid by the Customer and the Customer must insure the shipment or accept the risk of loss or damage during shipment. All warranty materials must be included with any returned purchases. The item must not have been worn or altered in any way. Personalized items, sized rings, and hand engravings are non-refundable. NEITHER SMJ, INC. NOR ITS PARENT, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE OR THE CATALOG, THE INFORMATION CONTAINED ON THE SITE OR THE CATALOG, PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOG, OR TRANSACTIONS CONDUCTED AT THE SITE OR ARISING FROM THE CATALOG, EVEN IF SMJ, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF SMJ, INC. OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOG EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO SMJ, INC. FOR ANY SINGLE RELEVANT 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 OR THE CATALOG, THE INFORMATION CONTAINED ON THE SITE OR THE CATALOG, PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOG, AND TRANSACTIONS CONDUCTED AT THE SITE OR ARISING FROM THE CATALOG.
INTELLECTUAL PROPERTY RIGHTS
All material contained in the Site, and all the products available on the Site, are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The contents of and all materials distributed in conjunction with the Site, including documentation, are copyright © 2000 SMJ, Inc. and/or its suppliers. All rights reserved. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the Site. All trademarks, logos, and icons identifying SMJ, Inc. products and services are proprietary marks of SMJ, Inc.; all other trademarks and service marks are owned by third parties. Please be aware that SMJ, Inc. actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
COMMUNICATIONS ON INTERNET; EVENTS BEYOND SMJ, INC. CONTROL.
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While SMJ, Inc. has endeavored to create a secure and reliable Site, SMJ, Inc. and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. SMJ, Inc. cannot guarantee your ability to access the Site at all times or that the Site will be secure, uninterrupted, or error-free, nor can SMJ, Inc. provide assurances that transactions will be completed properly. SMJ, Inc. is not responsible for failure to execute a purchase or technical problems that may hinder the efficacy of a purchase (including e-mail, transmission times or other delays). SMJ, Inc. and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of Customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.
SECURITY OF SITE
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, SMJ, Inc. reserves the right to view, monitor, and record activity on the Site without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. SMJ, Inc. will also comply with all court orders involving requests for such information.
Subject to the following arbitration provision these Terms and Conditions of Use shall be governed by, construed and interpreted according to the laws of the State of South Carolina, and the parties agree to and consent to the exclusive jurisdiction and venue of the courts in Charleston County, South Carolina. To the extent that it may otherwise be applicable, the Parties hereby expressly agree to exclude from the operation of these Terms and Conditions of Use the United Nations Convention on Contracts for the International Sale of Goods, concluded at Vienna, on April 11th 1980, as amended and as may be amended further from time to time. This Site is controlled and operated by SMJ, Inc. from its offices within the United States. SMJ, Inc. makes no representation that materials in the Site are appropriate or available for use in other locations, and access to the Site from territories where its contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
Should a dispute arise from this Agreement which cannot be resolved by the parties in good faith negotiations, both parties agree to submit such dispute to arbitration in Charleston, South Carolina 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 South Carolina law: (a) any such arbitration proceeding shall be confidential as to the existence, content, or results of the arbitration; (b) depositions shall not exceed two (2) per party and 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 made in writing 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.
Any notices shall be given by e-mailto (in the case of SMJ, Inc.) or to the e-mail address you provide to SMJ, Inc., or such other address as the party shall specify. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, SMJ, Inc. may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SMJ, Inc. during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. This Agreement will not be construed for or against either party based on the draftsmanship thereof.
These Terms and Conditions of Use constitute an agreement which is effective until terminated by SMJ, Inc. at any time without notice. SMJ, Inc. may terminate your right to use this site immediately without notice to you if, in SMJ, Inc. sole discretion, you fail to comply with any of these Terms and Conditions of Use. In the event of termination, You are no longer authorized to access this web site, and the restrictions imposed upon You with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in the Terms and Conditions of Use, shall survive the termination of this Agreement. These Terms and Conditions of Use constitute the entire agreement between You and SMJ, Inc. relating to the subject matter addressed herein. If any portion of these Terms and Conditions of Use is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. The Terms and Conditions of Use may be modified by SMJ, Inc. at any time on prior written or electronic notice, either via e-mail or by posting such changes at the Site. Modifications required by law or designated by SMJ, Inc. will become effective immediately. Your continued use of the Site following notice of any such modification will be conclusively deemed acceptance of the revised Terms and Conditions of Use. If any such revision is unacceptable to You, You will terminate use of the Site immediately. A printed version of these Terms and Conditions of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Most promotions that are hosted or co-sponsored by SMJ, Inc. don’t require you to be a SMJ, Inc. registered user.
Information Collection and Use Practices. When you enter a promotion, sweepstakes, or contest hosted by SMJ, Inc. or sponsored by SMJ, Inc. and/or our many partners, we ask for your name, phone number,address, age, income, and email address. You may be asked to provide additional information or to answer certain questions, some of which may be optional, in order to participate. We may contact you in connection with a particular promotion, such as a sweepstakes or contest, in order to update you of your status, administer the promotion, let you know that a promotion has ended, and for other purposes.
Information Sharing and Disclosure Practices. Promotions that are hosted on SMJ, Inc. may be sponsored by SMJ, Inc., may be co-sponsored by SMJ, Inc. and another company, or may be sponsored by companies other than SMJ, Inc. Some or all of the data collected during a promotion may be shared with the sponsor(s) or companies indicated on the entry form. If data will be shared, then there will be notice prior to the time of data collection or transfer.