TERMS AND CONDITIONS OF USE

PLEASE BE AWARE THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS CONTAINED IN THIS AGREEMENT THAT MAY AFFECT YOUR RIGHTS. SPECIFICALLY, ALL DISPUTES MUST BE ARBITRATED AND NO CLASS ACTIONS, CONSOLIDATED OR REPRESENTATIVE ACTIONS ARE STRICLTY PROHIBITED, AND YOU WAVE YOUR RIGHT TO A JURY TRIAL.



This Agreement (“Agreement”) constitutes the Terms & Conditions related to your use of our web site: Family Jewels and Silver Inc.com, and any transactions as a customer with our website or ancillary offers provided and owned by us. Throughout this Agreement, the terms “Family Jewels,” “us,” and “we” may refer to us, Family Jewels, as is appropriate and depending on the context in which the term is used: And/or International Gems. “You” means you, the person who is agreeing to these Terms of Service and/or using the product. Our Privacy Policy, available elsewhere on this website, is hereby incorporated as a part of this Agreement by reference, and you are agreeing to the Privacy Policy to the same extent that you are agreeing to the Terms of Service in this document.

ARBTRIATION AND NO CLASS ACTION PROVISIONS
You and Family Jewels including any legal entity that owns or operates it, agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our website, any transaction or relationship between us resulting from your use of our website, the purchase, order, installation, or use of Family Jewels's products or services, or communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You agree that any dispute, lawsuit, or proceeding will be conducted on an individual basis. This means you will NOT seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

You and Family Jewels further agree that arbitrations under this Agreement shall take place on an individual basis, and class actions are not permitted. Any arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You and Family Jewels  further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.

Arbitrations under this Agreement will take place on an individual basis, and class actions are not permitted. This agreement does not allow class or collective arbitrations, or class actions, even if arbitration rules would. The arbitration will be binding non-appearance based arbitration, and initiated through an established alternative dispute resolution provider. The arbitration shall be subject to the Federal Arbitration Act and not any state arbitration laws, and more specifically will be governed by the AAA’s commercial arbitration rules, and if applicable, procedures for consumer related disputes. Each party is to be responsible for any filing fees to commence arbitration and any costs related to the Arbitration process. Both parties agree to have such arbitration claims heard in the state of Oklahoma.

For a copy of the procedures, how to file a claim, or other information about Arbitration you may contact AAA at adr.org. Judgment on the award from the arbitrator may be entered by any court of competent jurisdiction. The arbitrator may also have the authority to issue any temporary, preliminary, or permanent injunctive relief if it deems equitable and is within the scope of this agreement. The arbitration process, proceedings, and award shall be confidential and shall remain confidential.

In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within the State. The prevailing party in any such action shall be entitled to their reasonable attorneys’ fees and costs. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR WEBSITE OR PRODUCT, AND RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND WITHIN 14 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
Orders, Trial Terms, and Use
You must read and agree to these Terms and Conditions before placing your first order. By placing Your order with Family Jewels and Silver Inc., you agree to be bound by the following Terms and Conditions

These Terms of Use constitute the entire agreement between Family Jewels and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the Terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words "I Agree"; "Rush My Order"; "Submit" or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.

By clicking the “Order” button on the checkout page you will also be automatically enrolled in our emailing program.  You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a "last modified" date. If the "last modified" date remains unchanged, then You may presume that no changes have been made since the "last modified" date. A changed "last modified" dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.

REFUND AND CANCELLATION POLICY
BY PROVIDING YOUR CREDIT CARD YOU UNDERSTAND AND AGREE THAT YOU WILL AUTOMATICALLY BE CHARGED THE amount of your purchase.
We refund all cases of proven fraud and unauthorized transactions at our discretion. We offer refunds for one returned product, which must be unopened, per customer, as long as the received package was post marked within thirty (30) days from the original order date and included with a Return Merchandise Authorization (“RMA”) number which can be obtained by customer service. NO returns are credited after thirty (30) days of the original order date. You may request your RMA number by calling our Customer Service Department at 1-620-617-9318 within 30 days of your order and request a RMA. Please note, no refunds will be made or returns accepted for any partially used product, returns that do not comply with these guidelines, or returns with unpaid postage. All returns must be sent to

Family Jewels and Silver Inc.
142 Connie Smith Rd
Livingston, Texas 77351
936-252-0103

All products are expected to be received within 3-4 business days after it ships. If you do not receive the product after 5 business days of ordering, you must contact customer support at 1-936-252-0103 and request that the product be reshipped. All orders are shipped with delivery confirmation tracking, if the order is shown as delivered we are to believe it has been delivered unless you call to state otherwise. There will be no refunds for product claimed to be undelivered if we are not notified and the package is shown as delivered with delivery confirmation to your address. There may be times when shipments are delayed a few extra days.
SHIPPING

Orders are generally shipped within 2-4 business days (Monday through Friday) using our standard USPS First Class shipping method. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. Family Jewels does not guarantee specific arrival dates or times. Family Jewels and Silver Inc. does not refund or credit delivery or processing charges for any shipments.
SecureShip Shipping Guarantee
By enrolling in our SecureShip shipping guarantee program you will not be responsible for damaged, lost, or stolen merchandise. Simply contact customer service to report damaged, lost, or stolen merchandise and you will be shipped a replacement product free of charge.

REPRESENTATIONS AND WARRANTIES

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH OUR WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER US NOR ANY OF OUR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS ON LIABILITY

We DO NOT ASSUME any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of THIS SITE OR PRODUCTS FOUND, or browsing this Site, or your downloading of any information or materials from this Site. IN NO EVENT WILL we, OR ANY OF our RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON OUR SITE
https://internationalgemstonesinc.com/

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “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." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SITE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IN THE EVENT THAT WE MAY NOT LIMIT OUR LIABILITY IN YOUR JURISDICTION, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT ORDERING OUR PRODUCTS OR SERVICE, WHICHEVER IS GREATER.
INTELLECTUAL PROPERTY

Our website contains unique content owned exclusively by us, including the text and graphics.

We strictly prohibit the duplication of this site in any way shape or form. Any unauthorized use of our copyrighted content is prohibited. Our site may use stock images, which have been paid for. Any unauthorized use of our trademark or trade dress, including copying the look and feel of our website or product design, is prohibited. We hold a valid copyright for the look and feel of our site, but do not make any claims as to ownership for any stock images.

Furthermore, we may, but are not obligated to, permit the submission of content generated by our users. You agree that if you submit any content to us, you are granting us a non-exclusive, irrevocable, universal right to reproduce the content for any reason and in any form, for the sole advantage of us, financially or otherwise.

We take copyright infringement very seriously. If you believe that your copyrighted material has been infringed on our website, please send a valid DMCA notice to:

Family Jewels and Silver Inc.

142 Connie Smith Rd

Livingston, Texas 77351
936-252-0103





Attn: Copyright Agent

The DMCA notice should identify the name of the copyright owner and if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on our website, and the following statement:

I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must sign the notice. Please be aware, it is against the law to send a false DMCA takedown and we will pursue all available remedies for people who send false DMCA takedowns.
TERMINATION

This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Family Jewels reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Family Jewels and Silver Inc. believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Family Jewels provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer's real name, address, or other contact information. Example would be jewelry repairing.
THIRD PARTY WEBSITES
We may provide links to third party websites containing reviews, health information, or other content that our customers may be interested in reading. We are not responsible for the content on these third party websites and you use it at your own peril. Please not that any authorization by us to reproduce our own content, trademarks, or trade dress, does not extend to the reproduction of that of a third party website.
INDEMNIFICATION
You agree that if any third party claims against us or damage directly to us occurs as a result of your use of our website, product, or any other good or service provided by us, you will indemnify us for those claims and/or damages, including by paying our reasonably attorneys’ fees and court costs.
FORCE MAJEURE
Family Jewels and Silver Inc. shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Family Jewels performance as a jeweler.
GOVERNING LAW
You agree that any dispute arising out of or otherwise related to this Agreement, your purchase, or your use of our website shall be governed exclusively by the laws of the State of Oklahoma, excluding any conflicts of law’s provisions. As stated above, all disputes must be heard through binding arbitration and no class actions are allowed. The prevailing party in any action will be entitled to their reasonable attorneys’ fees and costs.
ADDITIONAL PROVISIONS
This Agreement constitutes the entire Agreement between the parties. Any failure on our part to enforce any provision of this Agreement is our right and shall not constitute a waiver of our right to enforce that or any other provision. Should any provision of this Agreement be unlawful, void, or otherwise legally unenforceable, the rest of the Agreement shall remain enforce as though the unenforceable provision had not been a part of this Agreement. We may amend this Agreement from time to time as we see fit. Through your continued use of our website or ordering of our product, you agree to any changes that we may make. It is your responsibility to check our “Terms & Conditions” page each time that you visit our website to ensure that you are up to date with any amendments. If this Agreement is translated into any other language, the original English version will prevail. OUR WEBSITE IS DESIGNED TO BE VIEWED AT A RESOLUTION OF 1920 X 1080. PLEASE ADJUST YOUR SCREEN RESOLUTION TO VIEW IMPORTANT ADDITIONAL INFORMATION ABOUT OUR SITE.
CALIFORNIA USERS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about our product must be addressed to our agent for notice and sent via email to:
familyjewelsandsilverinc@gmail.com

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Modified: 07/04/2016 by Bob