Welcome to The Gemstore, Inc. by Jewelry Television® and to http://gemstorejtv.com/! These terms and conditions are entered into by and between you and America’s Collectibles Network, Inc. d/b/a Jewelry Television® (“JTV”) (the “Agreement”). By accessing and/or using this website including linked sites (the "website") and/or by ordering products and/or services offered on the website you are agreeing to this Agreement. If you do not agree to be bound by the Agreement, then you cannot access or use the website or make an order on the website.
JTV is affiliated with a variety of other companies (“Affiliated Companies”) such as Multimedia Commerce Group, Inc. (“MCGI”), the parent company of JTV. For purposes of these terms and conditions, Affiliated Companies shall include any entity or joint venture that is wholly or partially owned or controlled by JTV or MCGI, that wholly or partially owns or controls JTV or MCGI, or that is related to JTV or MCGI through common ownership. The references to “JTV” in these terms and conditions also refer to Affiliated Companies.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT ALSO IMPLIES A LIMITATION ON THE TIME TO BRING A CLAIM AGAINST THE GEMSTORE.
Use of the website. Use of the website is restricted to individuals who are either age 18 or over, or those between the ages of 13 and 18, who are using the website with the permission of a parent or guardian. By using the website, you represent to JTV that you are in one of these age categories.
In addition to agreeing to the terms and conditions contained herein, you agree to abide by any and all laws, statutes, ordinances, rules and regulations concerning your use of the website. As a condition of access to and use of the website, you warrant to JTV that you will not access or use the website for any purpose that is unlawful or prohibited by this Agreement.
If you would like, you may register on the website by creating an account. In order to register, you must provide your name (not an assumed name), valid address, valid email address and valid phone number. You are responsible for providing JTV with updated contact information. JTV will rely on the most recent information provided by you in order to contact you.
It is your sole responsibility to maintain the security of your account and password. Your password is for your personal use only and may not be used by any third party, even with your permission. You are solely responsible for any and all actions taken under your password on this website. You agree to be financially responsible for all of your use of this website.
Mobile Site and Applications (“Apps”). If you access this website via your mobile phone, any application, or other device (the “Mobile Services”), then you are responsible for all charges and fees from your mobile carrier. Do not use the Mobile Services while driving. The Mobile Services may not be compatible with all mobile devices and carriers. You agree that JTV may communicate with you by SMS, MMS, or other electronic means and that certain information about your usage of the Mobile Services may be communicated to JTV. Data about your location may be transmitted to JTV in order to provide you with certain information. JTV does not guarantee that the Mobile Services will be available at all times or in all areas. Unfortunately, no data transmission via a mobile device can be guaranteed to be 100% secure; accordingly, you acknowledge that your use of the Mobile Services, including the transmission of personal information, is at your own risk. All terms and conditions pertaining to the website also apply to the Mobile Services.
Price and Ordering. All prices shown on the website are quoted in United States Dollars. In addition to the price for goods and services, JTV will add charges for shipping and handling and also sales tax (where required by law) to all orders. JTV reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the website without incurring any obligation to you. Descriptions of, or references to, products or services on the website do not imply endorsement of that product or service, or constitute a warranty, by JTV.
The receipt by you of an order confirmation does not constitute JTV's acceptance of an order. Prior to JTV’s acceptance of an order, verification of information may be required. JTV 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 JTV, for any reason. JTV reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price for any reason, including, without limitation, due to supplier pricing information, typographical error, or any other error, JTV shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, JTV shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Any video content about an item, including recorded programming, is offered only to provide information about the features of that item. It may not reflect present prices, promotional offers or availability.
Shipping and Returns. The risk of loss and title for all products purchased by you and shipped by JTV pass to you upon JTV's delivery to the carrier for delivery by the carrier to your specified delivery address. The risk of loss and title for all products purchased by you and shipped directly by one of JTV’s vendors pass from such vendor to you upon such vendor's delivery to the carrier for delivery by the carrier to your specified delivery address. Notwithstanding the agreement that risk of loss for any package passes to you upon delivery to the carrier, to accommodate our customers, JTV will assume responsibility for any damage or loss in transit or for non-delivery, provided that JTV receives a written notice of claim within the earlier to occur of (i) forty-five (45) days from the order date, (ii) thirty (30) days from the shipment day, or (iii) twenty (20) days from the date when the shipment was delivered to your specified delivery address. JTV’s assumption of responsibility for damage or loss in transit or for non-delivery terminates if a written claim is not timely received by JTV. In any event, JTV’s responsibility is limited to either replacement of the merchandise or at JTV’s sole option, return of the purchase price and shipping charges. Once the package is delivered to your specified delivery address, JTV’s assumption of responsibility for non-delivery terminates. Any package signed for at your specified delivery address or delivery at your specified delivery address is verified in writing by the carrier shall be conclusively deemed delivered to your specified delivery address. Please see the “Shipping and Returns” page located at (insert hyperlink) for the Shipping and Return policy. The terms listed on the “Shipping and Returns” page are incorporated into this Agreement.
Access and Interference. You agree that you will not: take any action that imposes or may impose (in JTV’s sole discretion) an unreasonable or disproportionately large load on JTV’s infrastructure; use any robot, spider, scraper or other automated means to access the website for any purpose without JTV’s express written permission; interfere or attempt to interfere with the proper working of the website or any activities conducted on the website.
Website Content The text, images, logos, graphics, photographs, descriptions, illustrations, data and other material on the website, as well as the selection, assembly and management thereof are herein collectively referred to as the "Content." JTV reserves the right to discontinue, correct, delete, update, or change any Content, product specifications and prices at anytime without notice to you.
Unless otherwise agreed in writing, the Content is the exclusive property of JTV and is protected under the copyrights, trademarks, service marks, and other proprietary rights that are owned by JTV or by third parties that have licensed their use to JTV. Unless JTV agrees otherwise in writing, your use of the Content is limited to your own personal, non-commercial use in connection with shopping and ordering on the website and for no other purpose. Any use, by you or anyone else authorized by you, other than that specifically authorized in this Agreement or in writing by JTV is strictly prohibited. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the website without the written permission of JTV or any third party that may own the trademarks or service marks displayed on the website. JTV will aggressively enforce its intellectual property rights to the fullest extent of the law. The Content may contain errors, inaccuracies, omission and typographical errors or may be out of date. You acknowledge that JTV provides the Content for informational purposes only and that any errors, inaccuracies, or omissions in the Content are not binding on JTV unless specifically indicated to be so.
Changes and Amendments. JTV RESERVES THE RIGHT TO CHANGE AND AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU. SUCH CHANGES AND AMENDMENTS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING OF SAME TO THE WEBSITE. YOU ARE RESPONSIBLE FOR REVIEWING THE WEBSITE PERIODICALLY FOR ANY MODIFICATION TO THIS AGREEMENT THAT MAY AFFECT YOUR RIGHTS OR OBLIGATIONS HEREUNDER. YOUR CONTINUED ACCESS AND USE OF THE WEBSITE AFTER THE POSTING OF CHANGES AND AMENDMENTS SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF ANY REVISIONS OR ADDITIONS.
Termination of Agreement. JTV shall have the right to terminate this Agreement with you at any time and without notice to you. In the event of the termination of this Agreement, you agree that you are no longer authorized to access or use the website and that you will immediately cease your use of the website. The restrictions imposed on you with respect to the Content as defined above in Website Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these terms and conditions shall survive termination.
JTV shall be under no obligation to continue operation of the website. JTV may terminate operation of the website or any portion thereof, or any products or services offered through the website or terminate any individual's right to access or use the website any time without notice to you, in its sole discretion, without any liability to you whatsoever.
Indemnity. You agree to defend, indemnify and hold harmless JTV, its affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable attorney's fees, arising out of or relating to your breach of this Agreement or your access to or use of the website; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from JTV’s gross negligence or willful misconduct. The foregoing indemnification obligation shall survive termination of this Agreement and the website and any product or service provided to you arising out of or relating to your use of the website.
Breach of this Agreement. In the event that you breach any part of this Agreement, JTV may immediately issue a warning to you, temporarily suspend or terminate your membership and refuse to provide services to you, in addition to all other rights or remedies available at law or equity.
Links to Other Third Party Sites. Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement or approval by JTV of the content, policies or practices of such linked sites. Linked sites are not operated, controlled, or maintained by JTV, and JTV is not responsible for the availability, content, security, policies, terms and conditions, or practices of linked sites, including without limitation the accuracy of content on linked sites and the privacy policies and practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
About Gemstone Treatments. Following a rigorous protocol, JTV verifies and attempts to inform its customers about material treatment of the stones JTV sells. Despite JTV’s protocol, it is possible that some forms of material treatment may occur without JTV’s knowledge. The treatment information JTV provides is to the best of its knowledge. To learn more, visit jtv.com/library.
Disclaimer and Limitation of Liability as to the Website and Content. JTV MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE CONTENT, OR ANY LINKED WEBSITE, INCLUDING THE AVAILABILITY OF ANY WEBSITE OR THE CONTENT INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. JTV ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING THE WEBSITE AND ALL CONTENT PROVIDED ON THE WEBSITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY 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 WEBSITE. 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 JTV, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY 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 THE WEBSITE OR ANY LINKED WEBSITE OR ITS CONTENTS, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF JTV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JTV’S LIABILITY EXCEED TEN DOLLARS AND NO CENTS ($10.00).
Disclaimer and Limitation of Liability as to Products and Services. JTV MAKES NO WARRANTIES, EXPRESS OR IMPLIED AND JTV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY COVER THE PRODUCTS SOLD ON THE WEBSITE MAY BE PROVIDED BY THE APPLICABLE MANUFACTURERS. ACCORDINGLY, EXCEPT AS SPECIFIED ABOVE, JTV MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD.
UNDER NO CIRCUMSTANCES SHALL JTV, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, OR PUNITIVE DAMAGES, 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 ON THE WEBSITE, EVEN IF JTV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JTV'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Entire Agreement. Unless otherwise stated by JTV in writing, this Agreement constitutes the entire agreement between JTV and the user with respect to the subject hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
Applicable Law. This Agreement and the rights and obligations of the parties arising out of or relating in any manner to any product(s) purchased from JTV (on the website), orders placed for such product(s), return of such product(s), use of such product(s) and/or use of the website shall be governed and construed according to the laws of the State of Tennessee, without regard to its conflicts or choice of law provisions.
Disputes. Any controversy or claim arising out of or relating in any manner to any product(s) purchased from JTV orders placed for such product(s), return of such product(s), use of such product(s) and/or use of the website (“Claim”) shall be settled by individual binding arbitration administered by the American Arbitration Association (AAA) using the AAA's Consumer Dispute Resolution Procedures. Any such arbitration shall be conducted only in Knoxville, Tennessee. Any decision or award as a result of any such arbitration proceeding shall be in writing and final and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. An award of arbitration may be confirmed in a court of competent jurisdiction in the venue in which the arbitration is conducted or in Knox County, Tennessee.
Such arbitration shall be specific to you, and as such, you agree that you shall not bring and expressly waive your right to be a lead plaintiff or participant in, any action against JTV as part of a class filed either in arbitration or in any court. All parties retain the right to seek adjudication in a small claims tribunal in the county of your residence for disputes in amounts that are within the scope of such tribunal’s jurisdiction. You waive any right to consolidate or otherwise combine your Claim with any Claim(s) filed by other persons with such small claims tribunal.
If applicable law limits JTV’s access to a small claims tribunal (including without limitation, by prohibiting corporations from filing small claims actions or by limiting the number of small claims that JTV can file), JTV retains the right to seek adjudication of its Claims in a court of competent jurisdiction in the county of your residence. In the event the foregoing is held to be unenforceable by any court, you and JTV agree to submit to the exclusive jurisdiction of the courts located in Knox County, Tennessee to resolve any Claim. Any Claim that you have with JTV must be commenced within one year after the Claim or cause of action arises or such Claim or cause of action shall be barred.
General. No waiver by JTV 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 this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms herein and shall not affect the validity and enforceability other provisions of the Agreement. The headings and captions in this Agreement are intended for convenience only and shall in no way affect the interpretation of the Agreement.
JTV shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to 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.
DMCA Notification Agent. In accordance with the Digital Millennium Copyright Act (DMCA), JTV has designated an agent to receive notification of alleged copyright infringement occurring on the website.
DMCA Notification Agent
Attn: JTV Legal Department
9600 Parkside Drive
Knoxville, Tennessee 37922
Contents of Notice
The DMCA requires that all notices of alleged copyright infringement be in writing. For JTV to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing JTV of an alleged copyright infringement, you should include the following information:
LAST REVISED: June 30, 2016