Terms and Conditions
Agreement between User and Bruce Joe Handmade Jewelry
Welcome to Bruce Joe Handmade Jewelry. The Bruce Joe Handmade Jewelry website (the “Site”) is operated by Bruce Joe and is an E-Commerce Site. Bruce Joe Handmade Jewelry is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). By accessing and placing an order with Bruce Joe Handmade Jewelry, you confirm that you are in agreement with and bound by the terms of service contained in the Terms and Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Bruce Joe.
Under no circumstance shall Bruce Joe be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the products on this site, even if Bruce Joe has been advised of the possibility of such damages. If your purchase of any product from this site results in the need for servicing or repair, you assume any costs thereof.
Bruce Joe Handmade Jewelry will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resource usage policy in any moment.
Please read the following terms carefully.
Privacy
Your use of Bruce Joe Handmade Jewelry is subject to Bruce Joe’s Privacy Policy. Please review my Privacy Policy, which also governs the Site and informs users of my data collection practices.
Electronic Communications
Visiting Bruce Joe Handmade Jewelry or sending emails/messages to Bruce Joe constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that I provide to you electronically, via email/messages and on the Site, satisfy and legal requirement that such communications be in writing.
Children Under Thirteen
Bruce Joe does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you must use Bruce Joe Handmade Jewelry only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Bruce Joe Handmade Jewelry may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bruce Joe and Bruce Joe is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bruce Joe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bruce Joe of the site.
Certain services made available via Bruce Joe Handmade Jewelry are delivered by third party sites and organizations. By using any product, service or functionality originating from the Bruce Joe Handmade Jewelry domain, you hereby acknowledge and consent that Bruce Joe may share such information and data with any third party with whom Bruce Joe has contractual relationship to provide the requested product, service or functionality on behalf of Bruce Joe Handmade Jewelry customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Bruce Joe Handmade Jewelry strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Bruce Joe that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials of information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bruce Joe and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Bruce Joe’s content is not for resale or wholesale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Bruce Joe. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bruce Joe except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other messages or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conducted or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail address, without their consent; violate any applicable laws or regulations.
Bruce Joe has no obligations to monitor the Communication Services. However, Bruce Joe reserves the right to review materials posted to a Communication Service and to remove any material in its sole discretion. Bruce Joe reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Bruce Joe reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bruce Joe’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Bruce Joe does not control or endorse the content, messages or information found in any Communication Service and, therefore, Bruce Joe specifically disclaims any liability with regard to the Communication Services any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Bruce Joe Handmade Jewelry
Bruce Joe does not claim ownership of the materials you provide to Bruce Joe Handmade Jewelry (including feedback and suggestions) or post, upload, input or submit to any Bruce Joe Site (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Bruce Joe permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly preform, reproduce, edit, translate and reformat your Submission; and to publish your name in connections with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Bruce Joe is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Bruce Joe’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitations, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Indemnification
You agree to indemnify, defend and hold harmless Bruce Joe and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bruce Joe reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bruce Joe in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY DENERAL ACTION AGAINST THE OTHER. Further, unless both you and Bruce Joe agree otherwise, 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.
Liability Disclaimer
THE INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDE IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRUCE JOE HANDMADE JEWELRY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BRUCE JOE HANDMADE JEWELRY MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRUCE JOE HANDMADE JEWELRY HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRUCE JOE HANDMADE JEWELRY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRUCE JOE HANDMADE JEWELRY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Bruce Joe reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state of New Mexico and you hereby consent to the jurisdiction and venue of courts in New Mexico in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bruce Joe as a result of this agreement or use of the Site. Bruce Joe’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bruce Joe’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bruce Joe with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision than most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bruce Joe with respect to the Site and it supersedes all prior or contemporaneous and proposals, whether electronic, oral or written, between the user and Bruce Joe with the respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement all related documents be written in English.
Changes to Terms
Bruce Joe reserves the right, in its sole discretion, to change the Terms under which Bruce Joe Handmade Jewelry is offered. The most current version of the Terms will supersede all previous versions. Bruce Joe encourages you to periodically review the Terms to stay informed of our updates.
Contact Me
Bruce Joe welcomes your questions or comments regarding the Terms:
Bruce Joe Handmade Jewelry
505-870-8887
Effective as of July 2021
Upcoming Show
October 12-13 @ 10am-5pm
Indigenous Art Market | Salt Lake City, Utah
Come on by and enjoy the show. I hope to see you there!
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