Terms Of Use

Please carefully read the following Terms of Use before using the www.NeliGems.com Web site (the "Site"). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.

Copyright

All content included in the Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Neli Gems or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Neli Gems and protected by U.S. and international copyright laws. All software used on the Site is the property of Neli Gems or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.

Trademarks

All trademarks, logos, service marks and trade names are proprietary to Neli Gems or other respective owners that have granted the Site the right and license to use such intellectual property.

Registration, Accounts and Passwords

If you register and create an account on the Site you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose, and (ii) all activities that occur under such password or account identifiers. You agree to notify Neli Gems of: (i) any loss of your password or other account identifiers and (ii) any unauthorized use of your password or other account identifiers. Neli Gems shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

Disclaimer

The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Neli Gems AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Neli Gems and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

Product Information

In some cases, merchandise displayed on the Site may not be available. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could effect the accuracy of its display of the colors of products offered on the Site.

Links to Other Web sites and Services

This Site may contain links to Web sites other than our own. Neli Gems does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. Neli Gems does not control the content of these sites and takes no responsibility for their content, nor should it be implied that Neli Gems endorses or otherwise recommends such sites or the products or services offered.

Limitation on Liability

IN NO EVENT SHALL Neli Gems OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF Neli Gems HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Applicable Law

The laws of the State of New York will govern these Terms of Use without giving effect to any principles of conflict of law.




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