Terms and Conditions

Last updated: March 1, 2023

Introduction

Welcome to thejewhiteny.shop (the “Site”). This Site is operated by Jewhiteny (“we”, “us” and “our”). By accessing and using this Site and any web store, mobile application, WiFi, or other online service operated by us and that posts a link to these Terms of Use (collectively, the “Service”), you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”).

This Agreement sets forth the terms and conditions that apply to your use of the Service and purchase of products through the Service as a Customer. This Agreement applies to you whether you are a Visitor to the Service or a paying Customer.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We may change the terms of this Agreement from time to time, so please check this page regularly to ensure you are happy with any changes. This Agreement was last updated on the date indicated above. By accessing the Service after any changes to this Agreement, you signify your agreement on a prospective basis to the amended Agreement.

1. Definitions

“Agreement” means these Terms of Use and any policies, guidelines and amendments thereto that Jewhiteny may publish from time to time.

“Content” means any information, data, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features generated, provided, or otherwise made accessible by Jewhiteny on or through the Service.

“Customer” means an individual or entity that registers with the Service, accesses the Service, uses the Services, and/or makes a purchase via the Service.

“Order” means the order submitted by you to purchase a product from us through the Service.

“Product(s)” means any merchandise, goods, services, subscriptions, gift cards, and other products offered for sale through the Service.

“Service” means any services, functions, content and products offered on or through thejewhiteny.shop.

“Site” means thejewhiteny.shop and any other websites, mobile applications, WiFi, or other online properties through which Jewhiteny offers goods, content, or services for sale and that reference these Terms of Use.

“Visitor” means an individual other than a Customer who uses or accesses the public content and information on the Site, but has not registered with the Site or made a purchase.

“You” means the user, customer, or visitor to the Site.

“Your Information” means any information you provide to Jewhiteny or other users through the Service.

2. Site Access, Registration and Acceptance of Terms

a. Accessing the Site. The Site is available for individuals aged 18 years or older. By accessing the Site and accepting this Agreement, you represent and warrant that:

You are 18 years of age or older;
You have not previously been suspended or removed from the Site or Service;
Your registration and your use of the Service is in compliance with all applicable laws and regulations.

b. Registration. Full use of the Service requires you to register with the Site for an account. When registering for an account, you agree to:

Provide true, accurate, current and complete information about yourself; and
Maintain and promptly update any information provided during registration to keep it true, accurate, current and complete.

If we have reasonable grounds to suspect that your registration information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse current or future use of the Service.

c. Your Account. You are responsible for maintaining the confidentiality and security of your login credentials and are fully responsible for all activities that occur under your login credentials. You agree to immediately notify us of any unauthorized use of your login credentials or account or any other breach of security. We will not be liable for any loss or damage arising from unauthorized use of your credentials.

d. Acceptance of Terms. By accessing the Site or Service, you confirm your agreement to be bound by this Agreement. If you do not agree to any term provided herein, immediately stop accessing or using the Site or Service. We reserve the right to modify or revise this Agreement from time to time.

3. Site Content & Ownership

a. Site Content. The Content on the Site includes:

Product information like name, description, characteristics, reviews;
Photographs, images, animations, videos, audio clips, and text;
Features like product customization, real-time order tracking;
Communications such as live chat, emails, calls with our sales representatives;
Interactive features like discussion forums, comments sections, user product reviews;
Additional content like product recommendations, tips, buying guides.

The Content is owned by us, our affiliates, or third-party partners. You may only use the Content for permitted purposes under this Agreement. Any other use requires our prior written permission. We reserve all rights not expressly granted in this Agreement.

b. Ownership. The Site and all of its Content are owned by Jewhiteny, its affiliates, or third-party partners. The Site and the Content are protected by copyright, trademark, patent, trade secret and other laws. Accessing the Site does not give you any ownership interest in the Site or ownership rights to the Content.

4. Acceptable Use Policy

You agree not to misuse the Site or Service or assist anyone else in doing so. For example, you will not:

Post, upload, or distribute any defamatory, libelous, obscene, pornographic, vulgar, offensive, infringing, fraudulent, misleading, unlawful or illegal Content;
Use the Site or Service for any commercial purpose not expressly approved by Jewhiteny;
Copy, store, edit, change, prepare any derivative work of or alter in any way any of the Content;
Use any data mining, robots or similar data gathering or extraction methods;
Manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology;
Attempt to probe, scan or test the vulnerability of the Site or breach any security or authentication measures used by the Site;
Attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Jewhiteny;
Attempt to decipher, decompile, disassemble or reverse-engineer any of the software used to provide the Site;
Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Collect or store any personally identifiable information from the Site or Service from other users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Site or Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating and improving the Site, to ensure compliance with this Agreement, and to comply with applicable laws or other legal requirements.

We reserve the right, but do not have any obligation, to remove or disable access to any Content, at any time and without notice. In no event will we be liable for making these changes, and we will have no obligation to make available to you any Content that you may have stored or archived.

5. User Content

a. User Content. Users may have the opportunity to contribute, post, upload or transmit content through interactive features on the Site, including through product reviews, comments, discussion forums or other interactive features (“User Content”). User Content specifically does not include the personally identifiable information you submit during the ordering process.

b. Ownership. You retain any copyright and other intellectual property rights you already hold in User Content that you submit to the Site. In order for us to provide the Service, you hereby grant Jewhiteny a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, adapt, publish, translate and otherwise exploit User Content in any format or medium of any kind now known or later developed.

c. Acceptable Use. Your User Content must comply with the Acceptable Use Policy outlined above. Specifically, your User Content must not include anything illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious. We reserve the right to remove any User Content that violates this policy or applicable law. You are solely responsible for the User Content you provide.

d. Feedback. If you provide Jewhiteny any ideas, suggestions, documents and/or proposals (“Feedback”) related to your experience using the Service, you acknowledge that we may, in our sole discretion, use that Feedback without any payment, compensation, attribution or restriction of any kind for any purpose whatsoever related to our business.

6. Product Orders and Payment Terms

a. Product Orders. The Service allows Customers to purchase Products. You represent and warrant that any Orders placed by you for Products will be for your own personal use only, and not for resale or commercial use.

b. Order Process. To place an Order, follow the process outlined below:

Browse Products and add desired items to your cart.
If desired, customize Product features like size, color, engraving, etc.
Proceed to checkout and fill in your shipping details and payment information.
Review your Order details carefully prior to submission.
Place your Order by clicking the “Place Order” button.

Your electronic Order confirmation constitutes the Jewhiteny’s acceptance of your Order. We reserve the right to require additional verifications or information before accepting any Order. Your submission of an Order does not guarantee acceptance or fulfilment by Jewhiteny.

c. Shipping. We will arrange for shipment of Products to you based on the shipping information provided with your Order. Applicable shipping charges will be displayed at checkout and included with your Order total. Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping dates are estimates only; we are not liable for any delays in shipment.

d. Returns. Information about our returns policy will be provided at checkout. Customers may return eligible Products within 30 days of delivery for a full refund, subject to certain exceptions. Customers are responsible for all shipping costs associated with returns. Further details are provided in our Returns Policy.

e. Payments. All Prices are listed in U.S. Dollars. Payments must be made by credit or debit card or other online payment option made available by Jewhiteny. Your payment information is transmitted through a secure encryption protocol (SSL). We do not store any payment information. By submitting payment information, you represent you are authorized to use the payment instrument.

f. Taxes. You are responsible for any taxes applicable to your Orders, including sales, use, or VAT taxes based on your location. Taxes, if any, related to your Order will be displayed prior to checkout.

g. Modifications. We reserve the right to correct, cancel or modify any Order if there is an accidental discrepancy in Product description, price, shipping info or availability. If we are unable to fulfil your Order as placed, we will notify you by email. You will not be charged for any unavailable or unfulfilled items. We may also contact you to offer a comparable alternative to your original Order.

7. Product Representations and Warranties

a. Product Descriptions. We strive to describe and display Products offered through the Service as accurately as possible. However, we do not warrant that Product descriptions, images, videos, or other Content are accurate, complete, reliable, current, or error-free. Images and videos are for illustrative purposes only. Select Products include customizable options and varieties which will alter the specific characteristics and features of the Product. If you have questions about a specific Product, please contact us prior to placing an Order.

b. Product Quality. Products sold by Jewhiteny through the Service are high quality and produced by reputable brands and manufacturers. However, minor variations in things like sizing, fit, color, engraving, finish are normal and expected. We cannot guarantee an exact match to what is displayed on screen.

c. Warranty Disclaimers. Any warranties provided by Product manufacturers are passed through to the purchaser of those Products. JEWHITENY MAKES NO ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, REGARDING PRODUCTS SOLD OR PROVIDED THROUGH THE SERVICE. JEWHITENY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8. Limitations of Liability

IN NO EVENT WILL JEWHITENY, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, PRODUCTS OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SERVICE, PRODUCTS, CONTENT AND RELATED MATERIALS ARE AT YOUR OWN RISK.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO US IN THE PRIOR SIX MONTHS. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT EXPAND SUCH LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

Upon our request, you agree to defend, indemnify and hold harmless Jewhiteny and our parent company, employees, contractors, officers, directors, vendors, and suppliers from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees, that arise from or relate to: (i) your access or use of the Site, Service, Content or Products; (ii) your User Content; (iii) your violation of this Agreement; (iv) your violation of any third party right, including intellectual property rights; or (v) any harm you may cause to any other user of the Site or Service. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.

10. Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content or material used in connection with the Service infringes your copyright, you may send us a notice requesting that the Content be removed. This request should include:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

(ii) Identification of the copyrighted works claimed to have been infringed;

(iii) Identification of the Content that is claimed to be infringing and information reasonably sufficient to permit us to locate such Content;

(iv) Your name, address, telephone number, and email address;

(v) A statement that you have a good faith belief that use of the objectionable Content is not authorized by the copyright owner, its agent, or under the law; and

(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are either the copyright owner or authorized to act on behalf of the copyright owner.

In the event you receive notice of a claimed copyright infringement, please promptly provide us with a copy of such notice by email at: [email protected].

If you knowingly misrepresent in your notification that the material or Content is infringing, you will be liable for any damages we incur in reliance upon such misrepresentation.

11. Termination of Use

a. Termination by User. You may terminate this Agreement at any time by ceasing use of the Site and Service. Any Products purchased prior to termination shall be processed and delivered by Jewhiteny in the normal course.

b. Termination by Jewhiteny. Jewhiteny may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include: (i) any violation of this Agreement; (ii) a request by you to cancel or terminate your account; (iii) discontinuance or material modification to the Service or any part thereof; (iv) unexpected technical or security issues or problems; (v) any extended periods of inactivity; (vi) you have engaged in fraudulent or illegal activities; or (vii) where allowed or required by law.

c. Effect of Termination. Termination means loss of access to the Site, Service and related benefits. Any Products purchased prior to termination shall be processed and delivered by Jewhiteny in the normal course. After termination, Jewhiteny will not continue to store or make available any User Content. Sections regarding Jewhiteny’s ownership rights, disclaimers of warranties, limitations of liability, indemnification and this effect of termination will survive termination.

12. Dispute Resolution

In the event of any controversy or claim arising out of or relating to this Agreement, the parties shall first attempt to resolve the dispute through negotiation or by speaking directly with each other. If unsuccessful, then the parties agree to try in good faith to settle the dispute through mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to binding arbitration. If the matter is not resolved through mediation within sixty (60) days after submission to mediation, any remaining issues will be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Nashville, Tennessee. The language used shall be English.

A single neutral arbitrator shall preside over the proceeding and issue a reasoned award. Judgment on the award rendered by the arbitrator may be entered in any state or federal court in Nashville, Tennessee. You and Jewhiteny further agree to submit to the exclusive personal jurisdiction of the state and federal courts located within Nashville, Tennessee to compel arbitration, stay proceedings, or confirm, modify, vacate or enter judgment on the award.

Class action lawsuits, class-wide arbitrations, private attorney-general actions and consolidation with other arbitrations are not permitted. You and Jewhiteny agree that 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.

You acknowledge the jurisdiction selection, class action waiver, and arbitration agreement provisions outlined above are material terms to this Agreement. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will be severed and proceed in court, with the remainder proceeding in arbitration. If any other provision of this dispute resolution procedure is found to be illegal or unenforceable, that provision will be severed with the remainder of the procedure remaining in full force and effect.

13. Governing Law

This Agreement shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions.

14. Modification

Jewhiteny reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement. It is your responsibility to periodically review this Agreement as your continued use of the Service signifies acceptance of the amended terms. The most updated version of this Agreement will be available on the Site and marked with the date it was last updated. If you object to any subsequent revision to this Agreement, immediately stop accessing and using the Site and Service.

15. General Provisions

a. Electronic Communications. When you use the Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically such as emails, texts, mobile push notices, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

b. Reservation of Rights. Any rights not expressly granted herein are reserved by Jewhiteny. Jewhiteny reserves the right to modify or terminate the Service, restrict, suspend, or terminate your access to the Service, or impose limits on any feature or material that we provide, in our sole discretion and without notice or liability. Jewhiteny may at any time modify or discontinue parts of the Site, with or without notice, and will not be liable to you or any third party as a result of any modification, suspension or discontinuance.

c. Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.

d. Waiver. Our failure to exercise or enforce any rights or provisions of this Agreement does not constitute a waiver of such right or provision. Any waiver of a term in this Agreement shall be effective only if made in writing signed by Jewhiteny.

e. Assignment. You may not assign any rights or obligations under this Agreement without our prior written consent. Jewhiteny may assign our rights and obligations under this Agreement in connection with any merger, acquisition, reorganization or sale of all or substantially all of our assets or stock. This Agreement shall bind and benefit any successors and permitted assigns.

f. Entire Agreement. This Agreement constitutes the entire agreement between you and Jewhiteny and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Thank you for taking the time to review our Terms and Conditions. Please contact us at [email protected] if you have any questions!