3. SITE USE. This Site is provided solely for personal, noncommercial use. Download or copying of the materials on this Site is only permitted for personal use. Any commercial use of the Site and/or its contents is strictly prohibited. No right, title or interest in the materials is transferred upon such copying or downloading. Downloaded or copied materials or content may not be transferred, linked, reproduced, retransmitted or otherwise distributed without the express written consent of Don Roberto Jewelers.
4. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
6. PRODUCT IMAGES. Don Roberto Jewelers has attempted to accurately depict the images of our merchandise on the Site. However, because individual computer monitors vary in the display of color and size, we cannot guarantee that the color or size depicted on your monitor will be accurate. Also, some of our photographs have been enlarged to show the merchandise detail.
7. PRICING. Don Roberto Jewelers makes every attempt to ensure that our online pricing and product information is accurate and complete. However, from time-to-time mistakes occur, and we reserve the right to correct any mistakes. At our sole discretion, we may refuse or cancel any order placed for merchandise with inaccurate or incomplete pricing or product information.
8. ORDER ACCEPTANCE. Don Roberto Jewelers makes every attempt to ensure that our online pricing and product information is accurate and complete. However, from time-to-time mistakes occur, and we reserve the right to correct any mistakes. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
12. COPYRIGHT. All contents of Site or Service are: Copyright © 2014 Don Roberto Jewelers, Inc., 205 Avenida Fabricante, San Clemente, CA 92672. All rights reserved.
13. TRADEMARKS. Don Roberto Jewelers and any other product or service name or slogan contained in our Site are trademarks of Don Roberto Jewelers and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without prior written permission of Don Roberto Jewelers or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Don Roberto Jewelers” or any other name, trademark or product name of Don Roberto Jewelers without our prior written permission. All other trademarks, registered trademarks, product names and Don Robert Jewelers’ names or logos mentioned in our Site are the property of their respective owners.
16. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
17. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.