Terms of Service
Welcome to the Royal Jewels of Rye website (the “Site”), located at www.royaljewelsofrye.com. The following terms and conditions (the “Terms and Conditions”) govern your use of this Site.
By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and Conditions, that you agree to them, and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and must exit immediately.
If you have any questions about these Terms and Conditions, please reach out to us through the contact form
PAYMENT. Some products or services on the Site will be available for purchase. By registering for such services from Royal Jewels of Rye or purchasing products or services on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason Royal Jewels of Rye does not receive payment for a purchase, or if payment is found to be fraudulent, Royal Jewels of Rye reserves the right to exercise any of its available remedies at law or at equity, including (a) immediately suspending or terminating your order; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms and Conditions. You are also responsible for paying any governmental taxes imposed in connection with the use of the Site or the purchase of any products or services, including sales, use, or levied taxes (excluding only taxes on Royal Jewels of Rye’s income). To the extent that Royal Jewels of Rye is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales on the Site should be assumed by you to be final. For any refund requests, reach out via the contact form. Royal Jewels of Rye has the right to make decisions regarding refunds on a case-by-case basis and will refund such purchases with credits toward future purchases on the Site.
PROPRIETARY RIGHTS. Unless explicitly stated in an agreement between you and Royal Jewels of Rye, Royal Jewels of Rye owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent, and other applicable laws. As between any user and Royal Jewels of Rye, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to Royal Jewels of Rye or, to the extent applicable, its affiliates, licensors or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.PROHIBITED USES. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
THIRD-PARTY WEBSITE AND CONTENT. Certain content, products, and services available via the Site may include materials from third parties. These links may direct you to third-party websites not affiliated with Royal Jewels of Rye. Royal Jewels of Rye is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Royal Jewels of Rye assumes no liability for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review third-party policies, practices, and websites carefully to ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
DISCLAIMER. Royal Jewels or Rye does not guarantee, represent or warrant that the use of our service will be uninterrupted, timely, secure, or error-free. From time to time, Rye Jewels of Rye may remove services for indefinite periods of time or cancel services at any time, without notice. You expressly agree that the use of, or inability to use, the service is at your sole risk. The service and all products delivered through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Royal Jewels of Rye, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
PRIVACY STATEMENT. Any personal information that you provide to Royal Jewels of Rye on the Site is subject to our Privacy Statement, which is hereby incorporated by reference, in its entirety into, and made part of, these Terms and Conditions as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted via the Site or electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Royal Jewels of Rye can be contacted by mail at 56 Purchase St Rye, NY 10580
LIMITATION OF LIABILITY. Royal Jewels of Rye and its licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the site, the user content, the site materials, services, products, data, and other materials on, in, and made available through the site, regardless of legal theory, whether or not you or Royal Jewels of Rye had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Royal Jewels of Rye and its licensors to you or any other person or entity in connection with, based upon, or arising from the Site, User Content, the Site Materials on, in, and made available through the Site, or the services, products, data, or materials offered in connection therewith exceed the price paid by you during the preceding year for use of the Site and the services and products. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of Royal Jewels of Rye and its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site or with any of these Terms and Conditions or feel Royal Jewels of Rye has breached these Terms, and Conditions your sole and exclusive remedy is to discontinue using the Site.
INDEMNIFICATION. You shall indemnify Royal Jewels of Rye and its directors, officers, employees, agents, contractors and licensors (collectively, “Royal Jewels of Rye Indemnitees”) against all claims, actions, suits, and other proceedings (collectively, “Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, any violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to Royal Jewels of Rye, or any breach by you of these Terms and Conditions and shall indemnify and hold Royal Jewels of Rye Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Royal Jewels of Rye. Royal Jewels of Rye or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Royal Jewels of Rye or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Royal Jewels of Rye, subject to the right of Royal Jewels of Rye to assume, at its sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
INTERNET SECURITY. Royal Jewels of Rye uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Royal Jewels of Rye will use reasonable efforts to minimize such disruption when it is within its reasonable control. You agree that Royal Jewels of Rye shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from the Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Royal Jewels of Rye via the Site or the internet, or electronic mail, including, for example, personal information such as your name or address.
COMPLAINT PROCEDURES. If you believe that any content or postings on the Site violates your intellectual property or other rights, please notify Royal Jewels of Rye via the contact form providing comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.” Royal Jewels of Rye will, upon receipt of such notification, investigate, to the extent Royal Jewels of Rye deems reasonable under all of the relevant circumstances, any complaints.
CHANGES TO THESE TERMS; TERMINATION. Royal Jewels of Rye reserves the right at any time to modify, alter or update these Terms and Conditions. Your use of the Site following any changes means that you agree to follow and be bound by the Terms and Conditions as changed. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Royal Jewels of Rye may suspend or terminate your account and/or your ability to use the Site, or any products or services on the Site, or may refuse to provide or sell any of our products or services to you for failure to comply with these Terms and Conditions, for providing Royal Jewels of Rye with untrue or inaccurate information about yourself, for infringement upon Royal Jewels of Rye proprietary rights, or for any other reason whatsoever or for no reason.
GOVERNING LAW AND JURISDICTION. These Terms and Conditions represent the entire agreement between you and Royal Jewels of Rye with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of New York, New York County, United States; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
MISCELLANEOUS. The Site is controlled and operated from within the United States. Without limiting anything else, Royal Jewels of Rye makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use outside of the United States and access to any and all of them in jurisdictions outside the United States where they are illegal is prohibited. Those who choose to access the Site from other locations do so at their own volition and risk and are responsible for compliance with applicable laws. The waiver or failure of Royal Jewels of Rye to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms and Conditions. Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms and Conditions or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”