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Terms of Use

Welcome to our web site. At JamesAllen.com, we always appreciate your business. If you would like to provide feedback about any JamesAllen.com web site, or recommend a way we can improve the buying experience, please click here. In addition, we offer the JamesAllen.com Safe Purchase Guarantee to ensure your comfort when buying on a JamesAllen.com web site.

JamesAllen.com, Inc. provides services to you subject to the terms and conditions included in this Terms of Use and other customer service pages which we have prepared to help make your shopping experience with JamesAllen as enjoyable and problem-free as possible. Please read them carefully. By visiting or using this web site or any other JamesAllen web site or service, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use. You also agree to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not use any JamesAllen web site.

Privacy

Please review James Allen's Privacy Policy, which also applies to your visit to and use of any James Allen web site.

Ownership and Copyright

This JamesAllen.com web site is owned and operated by James Allen Diamonds, Inc. Unless otherwise noted, all design and content included on this web site, including text, graphics, logos, icons, images, artwork, audio and video clips and software is the property of James Allen (or is used under license to James Allen) and is protected by United States and international copyright laws.

Trademarks

James Allen, JamesAllen.com, ONLY LIFE IS MORE BEAUTIFUL and other marks indicated on James Allen's web site(s) are trademarks and/or service marks of James Allen Diamonds, Inc. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress of James Allen. James Allen's trademarks, service marks and trade dress may not be used in connection with any product or service that is not James Allen's, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits James Allen. All other trademarks related to the products sold on this web site are the sole property of their respective owners.

Nothing on this web site or in these Terms of Use should be construed as any license or right to use any trademarks or service marks displayed on the web site without the express written permission of James Allen or the trademark or service mark owner. Neither the names "JamesAllen.com" or "James Allen" nor James Allen's logos may be used for any purpose without James Allen's prior written consent. James Allen's logos may not be used as a "hot" link to any other web site without James Allen's prior written consent.

Use of Web Site

James Allen's web site(s) and content are intended solely for personal and non commercial use by visitors and on-line shoppers. Any use of any James Allen web site or its content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of any James Allen web site. However, you may download, electronically copy and print any of the content of a James Allen web site for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use any James Allen web site in any manner that may be harmful to the operation of the web site or its content.

Your Account

If you access or use any James Allen web site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. If you are under 18 years old, you may use James Allen.com only with the involvement of a parent or guardian. James Allen reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.

Comments and Suggestions

We appreciate hearing from our customers and welcome your comments and suggestions regarding James Allen's web site(s) and the products offered for sale by James Allen, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.

If you do submit comments or suggestions, you should be aware that James Allen's policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. James Allen values your feedback on our products and our service but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to James Allen will become the property of James Allen and shall not be subject to any obligation of confidentiality on the part of James Allen. James Allen shall not be liable for any use or disclosure of any such feedback, comments or suggestions. James Allen shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.

Product Descriptions

James Allen makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. James Allen cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, James Allen does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While James Allen makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, James Allen reserves the right to refuse sale that item. If the pricing error is discovered after payment has been finalized, James Allen reserves the right to cancel the sale and refund the transaction in full. If a product offered by James Allen is not as described, your sole remedy is to return it in unused condition.

Other Sites

James Allen's web site(s) contain links to web sites that are not maintained by James Allen. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link in this web site does not imply James Allen's endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.

Disclaimer of Warranties and Limitation of Liability

THE MATERIALS AND INFORMATION PROVIDED BY James Allen ON ANY OF ITS WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. James Allen MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEB SITE(S) OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON ITS WEB SITE(S). YOU AGREE THAT YOUR ACESS TO, AND USE OF ALL James Allen WEB SITES(S) IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, James Allen DISLCAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. James Allen DOES NOT WARRANT THAT ITS WEBSITE(S), ITS SERVERS, OR EMAIL SENT FROM JamesAllen ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. James Allen WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that James Allen is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.

The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you nay have additional rights. However, in no event shall James Allen's aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to James Allen by you for accessing James Allen's web site(s). Indemnity

You agree to defend, indemnify, and hold harmless James Allen and its officers, directors, stockholders, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of any James Allen web site or your breach of these Terms of Use.

Applicable Law

By visiting James Allen's web site(s), you agree that the law of The Commonwealth of Maryland, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and James Allen. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and James Allen relating to your access to and use of Jame sAllen's web site(s).

Dispute Resolution

Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in Frederick, Maryland.

Modification

James Allen reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check this page periodically for changes. You agree that each time you visit any James Allen web site, your visit to and use of such web site will be subject to and bound by the then current version of these Terms of Use.

Date of Last Update of these Terms of Use: March 1, 2005.

James Allen's web site(s) are operated by James Allen Diamonds, Inc. from its offices in Frederick, Maryland. James Allen makes no representations that the contents of any of its web site(s) are appropriate or available for use in other locations. Visitors who choose to access any James Allen web site from other locations do so on their own initiative and are responsible for compliance with applicable local law.

Once again, we thank you for your interest in James Allen. We hope that your experience at any James Allen web site is enjoyable.

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