D.Gregory™ Website Terms and Conditions
Each end-user visitor to the Site (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses and/or uses the Site; (b) accesses and/or downloads any of the: (i) text, audio, video, photographs, graphics, artwork and/or other content featured on the Site (collectively, “Informational Content”); and/or (ii) links to third party websites, products and/or services (“Third-Party Links,” and together with the Informational Content, the “Content”); (c) purchases any of the D.Gregory™ produced jewelry and/or other merchandise (collectively, the “Merchandise”); (d) accesses links to D.Gregory’s™ social media pages/accounts (collectively, “Social Media Pages”) on third-party social media websites, such as Facebook®, Instagram® and Twitter® (“Social Media Websites”); and/or (e) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, D.Gregory™ (collectively, the “Contact Services,” and together with the Site, Content, Merchandise and Social Media Pages, the “Site Offerings”).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST D.GREGORY™, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Instagram® and Facebook® are registered trademarks of Facebook, Inc. (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that D.Gregory™ is not in any way affiliated with Facebook or Twitter, nor are the Site Offerings endorsed, administered or sponsored by either of the aforementioned entities.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between users and D.Gregory™ with respect to users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
2. Requirements; Termination of Access to the Site Offerings; Necessary Equipment. The Site Offerings are available only to individuals who: (a) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Site Offerings.
To the extent permitted by applicable law, D.Gregory™ may terminate your right to access the Site Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Site Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.
You are responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. D.Gregory™ does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. D.Gregory™ does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and D.Gregory™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
3. Registration Forms. In order to purchase Merchandise and/or utilize certain Site Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation: (a) your full name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your credit/debit card information (where purchasing Merchandise); and/or (f) any other information requested by us on the applicable registration Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.
(a) Availability. The Site contains Merchandise inventory information. This information can be used to estimate the likelihood that the applicable Merchandise will be shipped promptly after you place your order. We will not be liable in case of the unavailability of any Merchandise. We reserve the right to limit the quantities of any Merchandise that we offer. All descriptions of Merchandise, as well as Merchandise pricing, are subject to change at any time, without notice, in our sole discretion. We reserve the right to discontinue the sale of any Merchandise at any time.
We cannot guarantee that Merchandise listed as “in stock” will actually ship promptly, as inventory can change significantly from day-to-day, and hour-to-hour. In rare cases, Merchandise may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via email. If, for any reason, we determine that backordered Merchandise is no longer available, we will cancel your order, notify you immediately via email and provide you with a refund.
To the extent permitted by applicable law, we reserve the right, but are not obligated, to limit the sales of our Merchandise to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any Merchandise made on the Site is void where prohibited.
(b) Merchandise Description. D.Gregory™ attempts to be as accurate as possible when describing the Merchandise. However, D.Gregory™ does not warrant that the Merchandise descriptions (or other Content contained on the Site) are accurate, complete, reliable, current or error-free. If Merchandise offered on the Site is not as described, your sole remedy is to return the Merchandise. YOU MUST CONTACT US WITHIN TWENTY-FOUR (24) HOURS OF RECEIPT IF THE MERCHANDISE IS NOT IN THE CONDITION DESCRIBED ON THE SITE. We have made every effort to display as accurately as possible the colors and physical dimensions of the Merchandise that appears on the Site. However, as the actual colors and physical dimensions you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, we cannot guarantee that the depiction of any color and/or physical dimension as viewed by you through your monitor/screen will be accurate.
(c) Prices. The prices of our Merchandise are indicated in United States Dollars, exclusive of taxes and shipping costs. Sales tax will be added to orders shipping to those states that require the payment of sales tax. We reserve the right to modify the prices of Merchandise offered on the Site at any time, with or without notice. You will be charged the prices displayed on the Site at the time your order is confirmed; provided, that the Merchandise you ordered is available. We reserve the right to reject or to cancel your order for any reason including, without limitation, if the Merchandise ordered is not available, is incorrectly priced and/or is incorrectly described.
(d) Order Process. You can purchase Merchandise either: (a) by and through the Site by completing the applicable Form and providing the requisite Registration Data; or (b) by calling us at: (917) 509-3777, from Monday through Friday, 9:00a.m. to 6:00p.m. Eastern Standard Time. You can order Merchandise appearing on the Site, as is, or request custom Merchandise to be created for you on a case-by-case basis (“Bespoke Merchandise”). You acknowledge that Bespoke Merchandise is customised and made to order, and, therefore, you agree to the following: (i) that Bespoke Merchandise is 100% non-refundable; and (ii) the date on which your Bespoke Merchandise will be ready is only an estimation and time shall not be of the essence. You hereby give us permission to use photos, videos and/or other depictions of the Bespoke Merchandise on the Site, in social media profiles, in presentations and in any and all other marketing material for the purposes of promoting the Site Offerings. Where your order is accepted, we will confirm such acceptance to you by sending you a confirmation email.
(e) Order Rejection/Cancellation. All orders are subject to acceptance. We are not obligated to accept your order. Without limiting the foregoing, we reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your Payment Method (as defined below) has been charged, in our sole discretion. Some of the reasons your order may be declined are as follows: (a) the applicable Merchandise is unavailable; (b) the Merchandise pricing is in error; (c) your Payment Method has been declined; or (d) potential fraud has been detected. We will contact you if your order is declined or cancelled or if we need more information. If your order is declined or cancelled, we will issue a credit to your Payment Method for any amount charged with respect to such order and notify you that your order was declined or cancelled.
5. Payment Terms.
(a) Purchases. Where you purchase Merchandise, your credit card, debit card and/or PayPal® account (collectively, “Payment Method”) that you provided on the registration Form or updated at a later date will be charged the applicable purchase price for the Merchandise, plus shipping and handling, and applicable sales tax. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE.
PayPal® is a registered trademark of PayPal, Inc. (“PayPal”). Please be advised that D.Gregory™ is not in any way affiliated with PayPal, and the Site Offerings are neither endorsed, nor sponsored, by PayPal.
(b) Returns. All returns and exchanges will be governed by our Returns Policy, which we may amend and/or modify at any time; provided, however, that any amendment or modification to the Returns Policy shall not apply to any purchases made prior to the applicable amendment or modification. Unless otherwise indicated at the time of purchase, and subject to adherence to the procedures set forth in the Returns Policy, all standard stock Merchandise that is not damaged or tarnished in any way can be returned, with the original packing and receipt, within seven (7) days of receipt of same, for Site credit (“Site Credit”). All returns must be processed through FedEx® using the return labels made available by D.Gregory™. The Site Credit can be used, exclusively, to purchase additional Merchandise made available on the Site. Site Credit cannot be applied to applicable taxes and/or shipping and handling costs. The Site Credit has no other cash value and may not be used to make purchases of any kind at any venue other than D.Gregory’s™ online store. Where the applicable Merchandise is Bespoke Merchandise, is a free/promotional item, is listed as “final sale,” is listed as “non-refundable,” or there is some other similar designation listed at the point of sale, you may not return the applicable Merchandise for a Site Credit or refund of any kind.
FedEx® is a registered trademark of FedEx Corporation (“FedEx”). Please be advised that D.Gregory™ is not in any way affiliated with FedEx, nor are the Site Offerings endorsed, administered or sponsored by FedEx.
(c) General Billing Terms. You must promptly notify us if your Payment Method is cancelled or is no longer valid (e.g., due to loss or theft) or your account may be cancelled, and Merchandise shipments terminated. Changes to such information can be made by utilizing the options made available in your Member account section on the Site or contacting a customer care professional at: firstname.lastname@example.org. If your selected Payment Method is a credit card and your credit card fails to process for an order, you agree that D.Gregory™ may contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any Merchandise received, your account may be sent to collection. The fees associated with your purchases will appear on your Payment Method statement through the identifier “[INSERT HOW THE CHARGES WILL APPEAR ON THE CREDIT/DEBIT CARD/PAYPAL STATEMENT].” All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use Merchandise does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of D.Gregory™ in effect at any given time. Upon reasonable prior notice to you (with Site-updates and/or e-mail sufficing), D.Gregory™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. A purchase of Merchandise after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
(d) Electronic Signatures. D.Gregory’s™ authorization to provide and bill for the Merchandise is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. D.Gregory’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign Act”). Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.
6. Shipping. The estimated delivery times set forth on the Site are approximations only. We endeavor to deliver all Merchandise within five (5) to seven (7) business days; provided, that, Bespoke Merchandise will take longer to prepare and deliver. Requests for faster delivery (overnight, priority overnight, Saturday delivery, etc.) shall be subject to additional charges and must be made by e-mailing D.Gregory™ at: email@example.com; or by calling us at: (917) 509-3777. D.Gregory™ may offer complimentary shipping with certain orders when delivered via ground service in the continental United States. D.Gregory™ shall not be responsible for any delays caused by the FedEx® traffic, or any other causes beyond D.Gregory’s™ reasonable control or otherwise due to unforeseen circumstances. D.Gregory™ shall only ship domestically. Requests for international deliveries must be made by contacting D.Gregory™ at: firstname.lastname@example.org.
(a) General Shipping Terms. D.Gregory™ utilizes FedEx® to deliver all Merchandise orders. An individual who is eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in her/his respective jurisdiction of residence) (each, an “Of-Age Adult”) must be present when the Merchandise is delivered, and that Of-Age Adult must sign to accept the Merchandise parcel when presented with same by the FedEx® delivery person. Upon the signature of an Of-Age Adult, all responsibility and risk of loss for the purchased Merchandise passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by an Of-Age Adult at such recipient’s mailing address is evidence of delivery and fulfilment of the sales contract by D.Gregory™. If there is no Of-Age Adult available to take receipt of the Merchandise parcel at the time of delivery, the FedEx® delivery person has been instructed to leave a note saying that an attempt had been made to deliver the subject Merchandise. Where an attempted delivery note has been left at your residence, you can contact FedEx® directly to reschedule delivery. Should the parcel be refused, or delivery is not possible after three (3) attempts, the parcel will be returned to D.Gregory™. When Merchandise is delivered, you should check that all items are in the subject order and indicate any irregularities and/or missing/damaged items on a signed copy of the delivery note, where possible. Please contact D.Gregory™ immediately to communicate any issues with the delivered Merchandise at: email@example.com.
(b) Incorrect Shipping Address - Lost or Stolen Packages. To avoid lost packages and delays, we strongly recommend that you provide us with a reliable address. Please ensure that all delivery information is current and correct before confirming your order. D.Gregory™ is not responsible for packages delivered incorrectly or lost due to incorrect shipping information provided by a customer. If a package is returned to us due to an incorrect shipping address, you will be responsible for the return shipping cost as well as the re-delivery cost. D.Gregory™ is not responsible for lost or stolen packages which have been confirmed by the carrier to be delivered to the address provided by the customer.
7. Content. The Site contains Content which includes, but is not limited to, product reviews, text, audio, video, photographs, graphics, artwork, testimonials and other information about D.Gregory™, the Merchandise and/or the Site Offerings. The Content is compiled, distributed and displayed by D.Gregory™, as well as third-party content providers (collectively, “Third-Party Providers”). D.Gregory™ does not control the Content provided by Third-Party Providers that is made available by and through the Site Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. D.Gregory™ does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that D.Gregory™ will not be responsible for, and D.Gregory™ undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that D.Gregory™ shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.
8. Social Media Pages. The Site contains links to the various D.Gregory™ Social Media Pages. The Social Media Pages are hosted and made available on Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that D.Gregory™ shall not be liable to you, any other User or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
9. Representations and Warranties. Each user hereby represents and warrants to D.Gregory™ as follows: (a) the Agreement constitutes the legal, valid and binding obligation of user, which is fully enforceable against such user in accordance with its terms; (b) user understands and agrees that user has independently evaluated the desirability of utilizing the Site Offerings and that user has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) the execution, delivery and performance of the Agreement by user will not conflict with or violate: (i) any applicable law; (ii) any order, judgment or decree applicable to user; and/or (iii) any agreement or other instrument applicable to user.
10. Indemnification. Each user agrees to indemnify, defend and hold D.Gregory™, its members, officers, directors, employees, agents and attorneys, as well as the Covered Parties, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that user and any third party(ies); (b) that user’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that user’s unauthorized and/or improper use of the Site Offerings. The provisions of this Section 10 are for the benefit of D.Gregory™, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against users on its own behalf.
11. License Grant. Each user is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. D.Gregory™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by D.Gregory™, users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No user or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by D.Gregory™. No user or other third party may use, copy, emulate, clone, rent, lease, sll, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No user or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No user or other third party may use the Site Offerings in conjunction with any other third-party content. No user or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by D.Gregory™. Each user further agrees to indemnify and hold D.Gregory™ harmless for that user’s failure to comply with this Section 11. D.Gregory™ reserves any rights not explicitly granted in the Agreement.
12. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any user or other third party of any part of the Site Offerings is strictly prohibited. No user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “D Gregory” name and logo, and all associated graphics, icons and service names, are trademarks of D Gregory LLC. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.
13. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and D.Gregory™ will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
14. Disclaimer of Warranties. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, D.GREGORY™ MAKES NO WARRANTY THAT THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL, IN THE CASE OF THE MERCHANDISE, BE AVAILABLE IN ALL SIZES, COLORS, STYLES AND/OR FITS; OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. D.GREGORY™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM D.GREGORY™ OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
15. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT D.GREGORY™ SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF D.GREGORY™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA; (E) THE INABILITY TO OBTAIN MERCHANDISE IN A PARTICULAR SIZE, COLOR, STYLE OR FIT; AND/OR (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES D.GREGORY™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF D.GREGORY™ TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR D.GREGORY™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND D.GREGORY™. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF D.GREGORY™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Third Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Third-Party Links and Social Media Websites. D.Gregory™ does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by D.Gregory™ of the applicable website or any association with the website’s operators. Because D.Gregory™ has no control over such websites and/or resources, each user agrees that D.Gregory™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any user’s data privacy by third parties. Each user further agrees that D.Gregory™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
17. Editing, Deleting and Modification. D.Gregory™ reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.
19. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties (including the Covered Parties) including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Parties and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
20. California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org.
21. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. D.Gregory’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. D.Gregory™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
22. Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of D.Gregory™, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Site, or you can e-mail us at: email@example.com; call us at: (917) 509-3777; or send us U.S. Mail to: D.Gregory, 20 East 69th Street, New York, NY 10021.