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Terms and Conditions

Agreement between user and www.bryananthonys.com

Welcome to www.bryananthonys.com. The www.bryananthonys.com website (the "Site") is comprised of various web pages operated by Bryan A Anthonys Design LLC ("Bryan Anthonys") www.bryananthonys.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.bryananthonys.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.bryananthonys.com is an e-commerce site

Bryan Anthonys sells jewelry and fashion related items.

Privacy

Your use of www.bryananthonys.com is subject to Bryan Anthonys's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.bryananthonys.com or sending emails to Bryan Anthonys constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bryan Anthonys is not responsible for third party access to your account that results from theft or misappropriation of your account. Bryan Anthonys and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Bryan Anthonys does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.bryananthonys.com only with permission of a parent or guardian.

Cancellation/Refund Policy

If you are not completely satisfied with your purchase, you may return items purchased at full price (within 30 days of the delivery date for a full refund or credit) less shipping fees, except in the case of a defective item or incorrect shipment). Items that are purchased on sale can be returned within 14 days of the delivery date for a refund of the sale amount at the time of purchase. (less shipping fees, except in the case of a defective item or incorrect shipment)

All return items must be unused, unworn and in the original condition. Items that are damaged or altered are not acceptable for return. Upon receipt of returned merchandise, Bryan Anthonys reserves the right to deny a refund if the merchandise does not meet our return policy requirements. We are not responsible for lost return packages.

To return or exchange an item, please send us a message via our online Contact Form. Please include the order your number in your response.

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Links to third party sites/Third party services

www.bryananthonys.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Bryan Anthonys and Bryan Anthonys is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bryan Anthonys is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bryan Anthonys of the site or any association with its operators.

Certain services made available via www.bryananthonys.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.bryananthonys.com domain, you hereby acknowledge and consent that Bryan Anthonys may share such information and data with any third party with whom Bryan Anthonys has a contractual relationship to provide the requested product, service or functionality on behalf of www.bryananthonys.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.bryananthonys.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Bryan Anthonys that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bryan Anthonys or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Bryan Anthonys content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Bryan Anthonys and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bryan Anthonys or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Bryan Anthonys from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Bryan Anthonys Content accessed through www.bryananthonys.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Bryan Anthonys, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bryan Anthonys reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bryan Anthonys in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRYAN ANTHONYS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BRYAN ANTHONYS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRYAN ANTHONYS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRYAN ANTHONYS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRYAN ANTHONYS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Bryan Anthonys reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bryan Anthonys as a result of this agreement or use of the Site. Bryan Anthonys's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bryan Anthonys's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bryan Anthonys with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bryan Anthonys with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bryan Anthonys with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

User Generated Content

By submitting User Content, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to Bryan Anthonys, its affiliates and its licensees, a non-exclusive, perpetual, worldwide license to: edit, reproduce, use, create derivative works from, distribute, display and otherwise exhibit the User Content you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party.

You also hereby grant each user of the Site and Service a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these TOU.

The User Content that you submit is deemed non-confidential and Bryan Anthonys has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission.

You represent and warrant to Bryan Anthonys that you have the full legal right, power and authority to grant to Bryan Anthonys the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license. You represent and warrant to Bryan Anthonys that you will not contribute any User Content that: (a) infringes, violates or otherwise interferes with any intellectual property right of another party; (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to reveal it; (c) infringes on the privacy or publicity rights of another; (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; or (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

You are solely responsible for any User Content that you submit. You may be held legally liable for the User Content that you submit and may be held legally liable if your submissions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.

Bryan Anthonys reserves the right to remove any User Content from the Site and the Services at any time, for any reason. If you believe User Content residing on the Site or the Services infringes a copyright, please refer to our Copyright Policy below.

Any User Content within the Site or Services do not represent the views of Bryan Anthonys or any individual associated with Bryan Anthonys. In no event shall you represent or suggest, directly or indirectly, Bryan Anthonys's endorsement of User Content. Bryan Anthonys does not vouch for the accuracy or credibility of any User Content on our Site or Services, and does not take any responsibility or assume any liability for any actions you may take as a result of accessing User Content on the Site or Services. Through your use of the Site and Services, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Site or Services, you assume all associated risks.

Copyright Policy

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) summarized below.

If you believe that any material residing on or accessible through the Site or Services infringes a copyright, please send a written notification of copyright infringement by regular mail (not e-mail) to the following "Designated Agent" for purposes of receiving notice under the DMCA relating to the Site and Services:

Bryan Anthonys, LLC.

Attn: Bryan Anthonys Designated Agent

P.O. Box 81141
Austin, TX 78708
United States

Changes to Terms

Bryan Anthonys reserves the right, in its sole discretion, to change the Terms under which www.bryananthonys.com is offered. The most current version of the Terms will supersede all previous versions. Bryan Anthonys encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Bryan Anthonys welcomes your questions or comments regarding the Terms:

Bryan Anthonys

P.O. Box 81141

Austin, TX 78708

United States

Email Address:

legal@bryananthonys.com

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Effective as of August 28, 2014

  

Terms & Conditions Privacy Policy Bryan Anthonys © 2017

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