Terms of Use

Last updated on: February 1, 2017

REEDS Jewelers, Inc. (hereinafter referred to as "REEDS Jewelers") owns and operates the web sites www.Reeds.com, and offers customer-friendly policies designed to afford you a most secure and safe shopping experience.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. By using the Sites, you signify your agreement to these Terms of Use. The Terms of Use, define the use of our service, and that service is defined as the use of the website, access to the website and access to the information or content on the website. If you do not agree to these Terms of Use, please do not use the Sites. REEDS Jewelers reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Sites following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

Our Terms of Use Include:

• Acceptable Uses
• Restrictions on Use of Materials
• Product Descriptions - Product Images
• Pricing Policy
• Trademark Notice
• Linking
• Product Reviews and User Content
• Digital Millennium Copyright Act
• Your Account
• Rolex
• Disclaimer of Warranties and Limitation of Liability
• Indemnification
• Termination
• Severability
• Jurisdiction and Governing Law
• Technology Issues
• Google Trusted Stores

Acceptable Uses

You may use the Sites for legitimate shopping purposes only. You may not harm the Sites in any way or otherwise use the Sites in any improper manner, including, but not limited to, hacking into the Sites’ systems, spoofing or facing e-mail headers or slowing or stopping the functionality of the Sites.

If you create a password and account designation upon completing the registration process you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify REEDS Jewelers of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. REEDS Jewelers will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Restrictions on Use of Materials

The Sites and all of its contents including, without limitation, all text, software, software source code, trademarks, logos, designs, images, photographs, audio visual materials, written materials, graphical “look and feel” user interface, web site information architecture, functional site features and layout, and any other form of material (“Website Content”) is owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all Website Content is owned by us or our licensors. Any rights or licenses of the Website Content not expressly granted by the Terms of Use are reserved. No software from the Sites may be downloaded, exported or re-exported in violation of any law, including, without limitation, to countries that are subject to US export restrictions. Your use of the Website Content without written permission of the Website Content owner is strictly prohibited.

Product Descriptions - Product Images

REEDS Jewelers makes all reasonable efforts to display the products listed for sale on the Sites 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. REEDS Jewelers cannot guarantee that your monitor’s display of any product color, texture or detail will be accurate. In addition, REEDS Jewelers does not warrant that product descriptions or other content are accurate, complete, reliable, current or error free. If a product offered by REEDS Jewelers is not as described, your sole remedy is to return it in unused condition.

Pricing Policy

Should any pricing or copy errors occur on this or any third party web site operated by or on behalf of REEDS Jewelers, we reserve the right to correct. We strive to maintain an accurate price representation for all products represented herein. Price discrepancies, as the result of technical or human error, will not be honored.

Trademark Notice

In general, all trademarks, logos and service marks (collectively, the “trademarks”) which appear on the Sites are registered and unregistered REEDS Jewelers trademarks belonging to REEDS Jewelers or are licensed for use by REEDS Jewelers by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Sites should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Sites without the written permission of REEDS Jewelers or such third party who owns the trademark. Misuse of any trademarks displayed on the Sites, or any other content on the Sites, except as provided herein, is strictly prohibited.

Linking

The Sites may provide, or third parties may provide, links to other World Wide Web sites or resources. Because REEDS Jewelers has no control over such sites and resources, you acknowledge and agree that REEDS Jewelers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that REEDS Jewelers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.

Product Reviews and User Content

The Sites include a product review feature, and include or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on the Sites (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any message, data, information, text, music, sound, photos, video, graphics, code or other material (“User Content”) that:

1. Contains the personal information or likeness of another person;
2. Is libelous, harassing, abusive, obscene, vulgar, or sexually explicit;
3. Is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;
4. Is unrelated to the goods or services offered by or available on any of our Sites;
5. Is clearly false or misleading;
6. Includes REEDS Jewelers’ trade secrets or privileged or confidential commercial or financial information;
7. Includes records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
8. Is unlawful; or
9. Contains any computer viruses, worms, or other potentially damaging computer code, processes, programs, applications, or files.

Although REEDS Jewelers has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, REEDS Jewelers reserves the right to the fullest extent permitted under the federal Consumer Review Fairness Act of 2016 to remove or refuse to display on any of REEDS Jewelers’ Sites any User Content that violates the restrictions set forth above without notice to you, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Sites at your sole cost and expense.

REEDS Jewelers takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is REEDS Jewelers liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, REEDS Jewelers is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. If you post User Content on any of our Sites, unless we indicate otherwise, you grant REEDS Jewelers a nonexclusive license to use your User Content to the fullest extent permitted under the federal Consumer Review Fairness Act of 2016.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect REEDS Jewelers systems and customers, or to ensure the integrity and operation of REEDS Jewelers business and systems, REEDS Jewelers may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, email address, etc.), IP addressing and traffic information, usage history, and posted User Content. REEDS Jewelers right to disclose any such information shall govern over any terms of REEDS Jewelers Privacy Policy.

To the fullest extent permitted under the federal Consumer Review Fairness Act of 2016, REEDS Jewelers reserves the right to pursue civil claims against you for defamation, libel, or slander, or any similar cause of action relating in any way to the User Content posted by you on any of the Sites that violates any of the restrictions set forth above. These Terms of Use shall not be interpreted to exceed REEDS Jewelers’ rights under the federal Consumer Review Fairness Act of 2016.

Digital Millennium Copyright Act

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

REEDS Jewelers respects intellectual property rights and takes steps to ensure all content is used with proper permission. If any of your copyrighted works is being displayed or used by REEDS Jewelers or on REEDS.com without your permission, please let us know immediately so we may take corrective action. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to REEDS Jewelers' Designated Agent at: REEDS Copyright Agent, 111 Princess St., Wilmington, NC 28401; or email dmca@reeds.com. To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Your Account

In the event you register and/or purchase product, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or REEDS Jewelers suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, REEDS Jewelers, in its sole discretion, has the right to suspend or terminate your account, remove or edit content, cancel order(s), and refuse any and all current or future use of the Sites in its sole discretion.

Disclaimer of Warranties and Limitation of Liability

THE MATERIALS AND INFORMATION PROVIDED BY REEDS JEWELERS ON ANY OF ITS SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REEDS Jewelers 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 SITES. YOU AGREE THAT YOUR ACCESS TO, AND USE OF ALL REEDS JEWELERS SITES IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, REEDS JEWELERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. REEDS JEWELERS DOES NOT WARRANT THAT ITS SITES, ITS SERVERS, OR E-MAIL SENT FROM REEDS JEWELERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REEDS JEWELERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

IN ADDITION, FROM TIME TO TIME ON REEDS Jewelers Sites WE PROVIDE LINKS TO THIRD PARTY SITES AS A SERVICE TO OUR CUSTOMERS. WHEN YOU CLICK ON THESE EXTERNAL LINKS, YOU WILL BRING UP A WINDOW OR BE SENT TO A THIRD PARTY WEB SITE THAT IS NOT REEDS JEWELERS’ SITES. REEDS JEWELERS DOES NOT VERIFY, VALIDATE, WARRANT OR ENDORSE ANY PRODUCT OR INFORMATION FOUND ON ANY THIRD PARTY SITE.

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 REEDS Jewelers is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.

Under no circumstances and under no legal theory (including, but not limited to, negligence) shall REEDS Jewelers be liable to you or any other person for any damages, whether direct, indirect, special, incidental, consequential, punitive or otherwise that result from, arise out of, or are in connection with the use of or access to, or the inability to use or access, the Sites or their contents, or third party sites linked to/from REEDS Jewelers Sites, even if REEDS Jewelers has been advised of the possibility of such damaged links, unless required by law. New Jersey permits the limitation or exclusion of consequential damages unless unconscionable, and it permits punitive damages only under limited circumstances. The limitation of liability with respect to liability arising from any negligence, gross negligence, or breach of a legal duty, or intentional misconduct by REEDS Jewelers does not apply to visitors of the Sites from New Jersey.

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 may have additional rights. However, in no event shall REEDS Jewelers aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to REEDS Jewelers by you for accessing REEDS Jewelers Sites. As noted above, New Jersey Revised Statutes expressly permit exclusions and modifications of warranties like those set forth above. There are no warranties which extend beyond the description of warranties herein.

Rolex

While navigating on the Rolex section of our website, you may interact with an embedded website from rolex.com. In such case, Terms of Use, Privacy Notice and Cookies Policy of www.rolex.com are solely applicable.

Indemnification

To the extent permitted by governing law, you agree to indemnify, defend, hold harmless, REEDS Jewelers, its affiliates, parents, its independent contractors, service providers, consultants, and their respective officers, directors, employees, agents, licensors, licensees, representatives, and third party providers, to the Sites from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of this agreement by you. REEDS Jewelers reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with REEDS Jewelers in asserting any available defenses. This obligation to indemnify REEDS Jewelers does not include any claims asserted by a third party that arise from any negligent, grossly negligent, reckless, willful, fraudulent or intentional conduct committed by REEDS Jewelers. New Jersey residents are not required to indemnify REEDS Jewelers for any claims arising from REEDS Jewelers’ negligent, grossly negligent, reckless, willful, fraudulent or intentional conduct.

Termination

Users agree that REEDS Jewelers may terminate users’ access to and use of the Sites if REEDS Jewelers reasonably believes that users have violated or acted inconsistently with the letter or spirit of the Terms of Use, or violated the rights of REEDS Jewelers or any third party, or for any reason with or without notice to user. User agrees that REEDS Jewelers may modify or discontinue the Sites, with or without notice to them. Users agree that REEDS Jewelers will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled “Disclaimer of Warranties and Limitation of Liability” will survive termination of these Terms of Use.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Jurisdiction and Governing Law

The Sites are controlled and operated by REEDS Jewelers from its offices in the County of New Hanover, State of North Carolina, United States of America. Although the Sites can be accessed from other locations, by accessing the Sites, you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflicts of law principles. You also consent to personal jurisdiction in the County of New Hanover, State of North Carolina for any dispute arising hereunder.

Technology Issues

We cannot warrant that the REEDS Jewelers Sites will operate uninterrupted, error-free, without defects, or that the server will be free of viruses or other harmful elements. As a visitor to the Sites, your access is undertaken at your own risk. As such, we are not liable for any damages related to your access of or inability to access the Sites, even if REEDS Jewelers knew or should have known of the potential for such damages.

Google Trusted Stores

Escalation

Customers are encouraged to address and escalate any concerns directly with REEDS Jewelers before contacting Google.

Cancellation

Customers must request any order cancellations directly from REEDS Jewelers.

Bill Before Shipment

Payment using credit and debit cards may be captured more than 1 business day in advance of the expected ship date. For all purchases where payment is collected more than 1 business day prior to shipping, customers will be notified at the time the order is placed.

US Shipping Addresses Only

Only orders shipped within the fifty United States and the District of Columbia are eligible for the Google Trusted Store Program.

P.O. Boxes

Any order shipped to a Post Office Box will not be eligible for the program.

Telephone and Mail Orders

Only orders placed on reeds.com by customers who opt into the Google Trusted Stores program will be eligible. Any order placed by telephone or any other non-online means will not be protected by the program.

Virtual Currency - Bitcoin

Any order that is paid with virtual currency, including Bitcoin, will not be eligible for the program.

Excluded Transactions

Fraudulent transactions and ineligible shipping addresses and locations, currencies, language, and product categories will not be eligible for the program even if the customer elects to participate. If an ineligible transaction is escalated, Google may attempt to provide assistance to REEDS Jewelers in resolving the issue, but in no case will the order be eligible for any other protection or coverage implied by the program.

These Terms of Use constitute the entire agreement between REEDS Jewelers and you relating to the subject matter herein. REEDS Jewelers shall have the right to change or modify these Terms of Use at any time.