ELAINE B JEWELRY LLC
TERMS OF SERVICE
Effective Date: 10/1/2025
Last Updated: 10/1/2025
Welcome to the website of Elaine B Jewelry LLC (collectively, “EBJ,” “we,” “us,” or “our”). These Terms of Service, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your (“you” or “User”) access to and use of the website located at elainebjewelry.com and any applications that we own and that link to these Terms, including any content, functionality, and services offered on or through the website or applications (collectively, the “Site”). These Terms also govern your purchase of products and services offered on or through the Site (collectively, the “Products”).
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SITE. BY USING THE SITE, PURCHASING ANY PRODUCTS ON OR THROUGH THE SITE, REGISTERING WITH OR CREATING AN ACCOUNT FOR THE SITE, OR CLICKING “ACCEPT” OR CHECKING THE APPLICABLE BOX FOR MANIFESTING ACCEPTANCE OF THESE TERMS, YOU ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE, PURCHASE PRODUCTS ON OR THROUGH THE SITE, AND/OR REGISTER FOR AN ACCOUNT ON THE SITE.
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. CHANGES TO THE TERMS
These Terms are subject to change by EBJ without prior written notice at any time, in our sole discretion; provided, however, we will notify you via email of material changes to these Terms if we have your email address on file . Any changes to these Terms will be in effect as of the “Last Updated” date at the beginning of these Terms. Your continued access to or use of the Site after the “Last Updated” date will constitute your acceptance of and agreement to such changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
2. PRIVACY NOTICE
Your use of the Site is also subject to our Privacy Notice, available at [https://www.elainebjewelry.com/pages/privacy-notice] (our “Privacy Notice”), which is incorporated herein by reference. Our Privacy Notice governs the processing of all personal information collected through your use of and access to the Site.
3. ACCESSING THE SITE & ACCOUNT SECURITY
We reserve the right to withdraw or amend this Site, the Products, and any other material we provide on or through the Site, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entire Site.
You are responsible for:
• Making all arrangements necessary for you to have access to the Site; and
• Ensuring that all persons who access the Site through an internet connection that you share are aware of these Terms and comply with them.
To access the Site, you may be asked to create an account with us by providing certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Notice, available at [https://www.elainebjewelry.com/pages/privacy-notice], and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any third party with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal or confidential information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. INTELLECTUAL PROPERTY RIGHTS & USE OF THE SITE
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, colors, background, objects, “look and feel,” layout, and the design, selection, and arrangement thereof), are owned by us or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights reserved. You are responsible for obeying all applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and these Terms.
These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your Web browser for display enhancement purposes; and
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
Without limiting the generality of the foregoing, you may not:
• Modify copies of any materials from this Site;
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site; or
• Use the Site or its contents for any commercial purposes, including, but not limited to, benchmarking or purposes competitive with EBJ.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us or our licensors. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
5. TRADEMARKS
ELAINE B JEWELRY, the associated logo, and all related names, logos, product and service names, designs, slogans, and other designations of origin appearing on the Site are trademarks of EBJ or our licensors. In addition, the colors, background, objects, “look and feel,” layout, and the design, selection, combination, and arrangement thereof appearing on the Site constitute the trade dress of EBJ. All other trademarks, product names, and company names or logos used on this Site are the property of their respective owners. No permission or license (whether express or implied) is hereby granted regarding the use of any such trademarks, trade dress, product or service names, logos, or titles, and such use may constitute infringement of the holder’s rights.
6. PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you agree not to:
• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
• Decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the material contained on it;
• Impersonate or attempt to impersonate EBJ, an employee of EBJ, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
• Use any network monitoring or discovery software to determine the Site architecture, including, but not limited to, the Site’s “look and feel” or trade dress, or extract information about usage or users;
• Use any robot, spider, or other automatic or manual device or process to monitor or copy the Site, the Site’s design, architecture, arrangement, “look and feel,” or trade dress, or the material contained on the Site, other than as expressly permitted in these Terms;
• Use any device, software, or routine that interferes with the proper working of the Site;
• Frame this Site or link to a page other than the home page without our express written permission;
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Site.
7. FEEDBACK
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Products (“Feedback”) provided by you to us, whether online or offline, are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this Feedback for any lawful purpose, commercial or otherwise, without providing acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
8. USE OF ANY HYPERLINK; LINKING TO THE SITE
We are not responsible for the content of any other website, including any website through which you may have gained access to our Site or to which you may gain access from our Site. We do not accept any liability in connection with any such websites or links.
Where we provide a hyperlink to a third party’s website, we do so because we believe in good faith that such website contains or may contain material which is relevant to that on our Site. This includes hyperlinks contained in advertisements, including banner advertisements and sponsored links. Such a hyperlink does not signify that we have reviewed or approved of the connected third party’s website or its contents—indeed in certain instances a hyperlink may connect you to a third party’s website containing views contrary to those expressed on our Site or otherwise held by us.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
9. ONLINE PURCHASES
This Section 9 applies to all purchases of Products on or through the Site. You agree your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell such Products. We may choose not to accept any orders in our sole discretion. After having received your order, we may send you a confirmation email with your order number and details of the Products you have ordered . Acceptance of your order and the formation of the contract of sale between EBJ and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before our acceptance.
You may only purchase Products for your personal, residential use, unless otherwise agreed to by us in writing. Products made available for purchase on or through the Site are not for commercial use.
The price for Products available for purchase on or through the Site will be displayed to you on the Site in U.S. Dollars prior to your purchase. The prices displayed do not include taxes, customs duties, or any other applicable fees, including, without limitation, any shipping, handling, insurance, or recycling fees. Any applicable taxes or fees will be communicated to you before you place an order. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel, termination, or not process any orders (including accepted orders) arising from such errors or inaccuracies.
EBJ is not a bank, credit union, payment processor, or other financial institution. As such, the Site currently uses third parties to process payments for transactions consummated through the Site (collectively, “Payment Processors”). By using the Site to purchase Products, you authorize our Payment Processors to charge your credit card or other payment method. Our Payment Processors accept payments through the various credit cards and other payment methods detailed on the applicable payment screen. Transactions processed via the Site may also be subject to the terms and conditions of the applicable Payment Processor. Financing, should it become available, will be subject to additional terms and conditions. You should read the additional applicable terms and conditions prior to placing an order. By placing an order for Products on or through the Site: You represent and warrant: (a) the credit card and/or other payment information you supply our Payment Processors is true, correct, and complete; (b) you are duly authorized to use such credit card or other payment information for the purchase; (c) charges incurred by you will be honored by your credit card company or other financial institution; and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes and fees. EBJ is not responsible for any errors by the Payment Processors.
We will arrange for the shipment of products to you. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon delivery of the Products (by us or our manufacturer) to the carrier at the place of shipment. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are responsible for filing any claims with carriers for damaged or lost shipments.
Please review our Shipping and Returns Policy, available at https://www.elainebjewelry.com/pages/ship ping-returns, which governs Product shipping, returns, and repairs. The Shipping and Returns Policy is incorporated herein by reference.
Occasionally and from time to time, we may offer qualified customers “discount codes,” “promo codes,” “coupon codes,” “gift codes,” or “offer codes” through a range of advertisements, promotional programs, and other communication efforts (collectively, “Offer Codes”) that are redeemable towards purchases on our Site. Offer Codes are only available while supplies last and are subject to certain product and minimum price exclusions, and any other restrictions as may be determined and communicated by us in our sole discretion. Only valid Offer Codes provided or promoted by us will be considered valid and honored at checkout. Codes supplied or promoted by third parties unauthorized by us (including, but not limited to, any unauthorized third-party websites) will not be honored and are not considered valid. Each Offer Code is non-transferable and valid for single use on an item or items as determined by us. Offer Codes may not be combined with any other Offer Codes or promotional activities and are valid only on full-priced products unless we state otherwise. Offer Codes will not be honored on any items which are marked as “Closeout,” “Clearance,” or “Final Sale,” unless we state otherwise. Customers are limited to the use of a single Offer Code per order. Offer Codes must be entered in the “discount code” field at checkout. Offer Codes may or may not be valid for use by customers who elect to finance their purchase. We do not accept responsibility, and shall not be held liable, for lost, stolen, or corrupted codes or any unauthorized use of Offer Codes. Offer Codes cannot be redeemed for cash or any cash equivalent; no substitutions, “rain checks,” or credits allowed. The dollar value of any Offer Code will not be refunded or credited back if any or all of the merchandise is returned which causes the order to no longer meet any conditions of an Offer Code used in the transaction. If an Offer Code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying product. Expiration dates may apply to each Offer Code. Offer Codes are void if copied, transferred, sold, exchanged, or expired, and where prohibited.
10. CHANGES TO THIS SITE
The information, material, and content provided in the pages of this Site may be changed at any time without notice and is not necessarily complete or up-to-date. Any information, material, and content on the Site may be out of date at any given time, and we are under no obligation to update such information, material, or content.
11. GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
12. MARKETING COMMUNICATIONS
You may have the option to request to receive marketing communications from EBJ through email or your mobile device. You acknowledge that you have read and understood our Privacy Notice located at [https://www.elainebjewelry.com/pages/privacy-notice], as well as our SMS Policy located at [https://www.elainebjewelry.com/pages/sms-policy], which are incorporated herein by reference and contain information relating to our marketing and informational communications.
13. LIMITED WARRANTY
The Products purchased may be covered by a Limited Warranty, available at https://www.elainebjewelry.com/pages/warranty-product-care. The Limited Warranty is incorporated by reference into these Terms.
14. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
EXCEPT FOR THE LIMITED WARRANTY, YOUR USE OF THE SITE AND ITS CONTENT AND THE PURCHASE OF ANY PRODUCTS ON OR THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND THE PRODUCTS THAT ARE AVAILABLE FOR PURCHASE ON AND THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EBJ NOR ANY PERSON ASSOCIATED WITH EBJ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER EBJ NOR ANYONE ASSOCIATED WITH EBJ REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, ITS CONTENT, OR ANY PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EXCEPT FOR THE LIMITED WARRANTY, EBJ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE SITE, ANY CONTENT, PRODUCTS, MATERIAL, AND INFORMATION PROVIDED ON OR THROUGH THE SITE, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL EBJ, OUR AFFILIATES OR SUBSIDIARIES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY PRODUCTS OBTAINED THROUGH THE SITE OR GOODS OR SERVICES OBTAINED THROUGH SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless EBJ, our subsidiaries, affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (the “Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site’s content or the Products, other than as expressly authorized in these Terms or your use of any information obtained from the Site.
17. RELIANCE ON INFORMATION POSTED
The information presented on or through the Site is made available solely for personal, non-commercial, general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
We have attempted to accurately depict the colors and details of the Products offered on this Site. However, the color and other details you see may vary depending on the device you are using to view the Site, so we cannot guarantee that the color and details you see are be accurate. Some photographs have been enlarged to show detail.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by EBJ, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of EBJ. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
18. ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE CLAIMS WITH EBJ AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Any dispute, claim, or controversy of any nature, including tort and statutory claims, among the parties in any way arising out of or relating to these Terms, the Site, and/or the Products (“Dispute”) shall be exclusively and finally resolved by and through binding arbitration, in accordance with the Federal Arbitration Act to the exclusion of any other Federal, state, or municipal law of arbitration, administered by the American Arbitration Association (“AAA”) by a sole arbitrator. If you are an individual, the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect will apply. If you are a business or legal entity other than an individual, the arbitration will be administered by AAA in accordance with the AAA’s Commercial Rules then in effect. The AAA rules are available at www.adr.org. Notwithstanding the foregoing, in any conflict between the AAA’s rules and these Terms, the Terms will govern. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments, and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
For any Dispute, the place of Arbitration shall be in Hamilton County, Ohio . The cost of the arbitration proceeding, including, without limitation, each party’s reasonable attorneys’ fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrator, may be prorated between the parties in such proportion as the arbitrator determines to be equitable and shall be awarded as part of the award.
YOU AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). YOU AGREE THAT THE ARBITRATOR HAS NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND IS ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND EBJ.
THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE AND FEDERAL COURTS LOCATED IN HAMILTON COUNTY, OHIO.
WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION 18 BE STRICKEN FROM THESE TERMS OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION 18 (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THESE TERMS AND ANY AND ALL DISPUTES SHALL PROCEED IN THE STATE AND FEDERAL COURTS LOCATED IN HAMILTON COUNTY, OHIO AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT.
19. WAIVER AND SEVERABILITY
No waiver by EBJ of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EBJ to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
In the event that any, or any part of, the terms contained herein shall be determined by a competent authority to be invalid, unlawful, or unenforceable to any extent, such terms shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by the applicable law.
20. ELECTRONIC COMMUNICATIONS
When you visit the Site or send us an email, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
21. ENTIRE AGREEMENT
The Terms and any documents linked to and/or incorporated herein by reference constitute the sole and entire agreement between you and EBJ with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
22. GOVERNING LAW
These Terms and any dispute that may arise between you and EBJ shall be governed in accordance with the laws of the State of Ohio, without regard to conflict of law provisions (except those that would permit the adoption and application of Ohio law).
23. CONTACT INFORMATION
For general inquiries, complaints, or questions concerning the Site, Products, or these Terms, please contact us using the following information:
Elaine B Jewelry LLC
Attn: Support
2944 Markbreit Avenue
Cincinnati, Ohio 45209
info@elainebjewelry.com