Mauri Pioppo - Fine Jewelry


	Terms of Use. THE “TERMS OF USE” SET FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU, THE USER, MAY ACCESS AND USE THE Mauri Pioppo WEB SITE (the “SITE”), WHICH IS OPERATED BY LUCE HANDMADE, L.L.C. d/b/a Mauri Pioppo (“Mauri Pioppo”). BY USING THE SITE, YOU ARE KNOWINGLY AND WILLINGLY AGREEING TO BE BOUND BY THESE TERMS OF USE AND UNDERSTAND THAT YOU ARE ENTERING INTO A BINDING AGREEMENT IN ELECTRONIC FORM. UPON ELECTRONIC ACCEPTANCE, THESE TERMS OF USE SHALL CONSTITUTE A BINDING AND ENFORCEABLE CONTRACT BETWEEN YOU AND Mauri Pioppo. THESE TERMS OF USE GOVERN BOTH YOUR GENERAL USE OF THE SITE AND, WHEN APPLICABLE, YOUR USE OF THE SITE TO MAKE PURCHASES OF Mauri Pioppo PRODUCTS. 1. DESCRIPTION OF THE SITE: The Site displays information about Mauri Pioppo’s products, company, stores, and designer. The Site may also, from time to time, contain third party information in the form, for example, of advertisements or press clippings. In some instances, if you register with the Site, you may be able to make purchases through the Site of certain Mauri Pioppo products. During the registration process, Mauri Pioppo will collect your name and certain other information and you will be given a password to access the e-commerce portion of the Site. Purchases made through the Site are processed by Bank of America, Merchant Services. Please refer to Bank of America, Merchant Services’ Privacy Policy for additional information in how Bank of America, Merchant Services uses your personal information. Please refer to Mauri Pioppo’s Privacy Policy concerning how Mauri Pioppo stores any personally identifiably information collected about you. 2. USE OF THE SITE: By using the Site and agreeing to these Terms of Use, you are agreeing to the following rules of conduct: (a) You agree that while using the Site you will not upload, post or transmit to or distribute or otherwise publish through the Site any materials, which in Mauri Pioppo’s sole discretion: (i) are unlawful, threatening, harassing, profane, libelous, defamatory, inaccurate, deceptive, or racially or sexually offensive; (ii) restrict or inhibit any other user from using the Site; (iii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (iv) violate any agreement between you and any other person or business entity; (v) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact; or (vi) infringe any third party's copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy. (b) You agree that you will not: (i) impersonate or misrepresent your identity or affiliation with any other person or entity, or (ii) attempt to gain unauthorized access to other computer systems through the Site. (c) You are responsible for obtaining and paying for any equipment or services, including Internet and local phone service access, through which you can access the Site. 3. INTELLECTUAL PROPERTY: (a) You agree and acknowledge that any intellectual property displayed on the Site, including, but not limited to, Mauri Pioppo’s jewelry designs, graphics and other information (the “Mauri Pioppo M”) and any third party intellectual property is the sole and exclusive intellectual property of Mauri Pioppo or, in the case of third party intellectual property, is licensed to Mauri Pioppo and shall not be copied, reproduced, displayed, used, sold or otherwise distributed without the express prior written consent of Mauri Pioppo. Mauri Pioppo hereby grants you a license to access and use the Mauri Pioppo M solely in accordance with the terms and conditions of these Terms of Use. The Site, the Mauri Pioppo M, and any other information on the Site are provided solely for your personal, noncommercial use, including the online purchase of the merchandise depicted, and for no other purpose. (b) Mauri Pioppo® is a trademark of Luce Handmade, L.L.C. Luce Handmade, L.L.C. reserves all of its rights with regard to the Mauri Pioppo® trademark and any other Luce Handmade, L.L.C. trademarks or service marks appearing herein. This site may also contain trade names and trademarks of other companies that are the property of their respective owners. 4. PURCHASING TERMS AND CONDITIONS: (a) Each piece is handmade to order. Please expect 2 weeks for delivery for LoveLetters and Sundari, 4-6 weeks for all other collections. Returns must be received within 15 days of receipt of shipment. (b) You acknowledge that although Mauri Pioppo has attempted to accurately depict the colors of the Mauri Pioppo products offered on the Site, the color displayed is dependent on many different factors including the display of your computer monitor. As such, you further acknowledge that Mauri Pioppo is not responsible for any inaccuracies or color variations in the products you purchase from the Site. Moreover, the products may be depicted larger or smaller than their actual size depending on your monitor and/or computer settings. (c) In the event of an error in pricing on the Site, Mauri Pioppo reserves the right to correct such error, and in Mauri Pioppo’s sole discretion, to refuse or cancel any order placed for a product at an incorrect price. All prices listed on this site are in U.S. dollars. 5. PASSWORDS: Upon registration, you will be issued a login and password to use in accessing the Site. You are responsible for maintaining the confidentiality of your login and password information. In the event of a breach of security through your account, (i) you will be liable for any damage caused by the unauthorized use until you notify us in writing of the breach of security and we have had a reasonable opportunity to remedy the unauthorized use. You agree to provide Mauri Pioppo with all assistance necessary to remedy such unauthorized use of the Site caused by a breach of security through your account. 6. MODIFICATIONS TO THESE TERMS OF USE: Mauri Pioppo may, in its sole discretion, modify the terms of these Terms of Use, in whole or in part, at any time. Mauri Pioppo will post a notice on the home page of the Site that the Terms of Use has been modified. YOUR CONTINUED USE OF THE SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THE MODIFIED TERMS OF USE. 7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: Although Mauri Pioppo strives to provide information through the Site, you acknowledge and agree that your use of the Site is subject to the following disclaimers and limitations of liability: (a) Disclaimer of Warranties: THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Mauri Pioppo EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Mauri Pioppo MAKES NO WARRANTY THAT (i) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OR INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE. (b) Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Mauri Pioppo, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSEES OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE SITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT Mauri Pioppo. IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM Mauri Pioppo. OR ITS SUBSIDIARIES AND AFFILIATES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY EXCLUSIVE REMEDY IN THIS AGREEMENT FAILS ITS ESSENTIAL PURPOSE. (c) Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. 8. INDEMNITY: You agree to defend, indemnify and hold harmless Mauri Pioppo, its subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), made by any third party arising out of or relating to your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another. 9. THIRD PARTY LINKS: The Site may contain links to third party web sites or resources. Mauri Pioppo makes no representation or warranties concerning such third party web sites or resources and is not responsible for the content or operation of such third party web sites or resources, and shall have no liability in connection with them. 10. WARNING AGAINST HACKERS: It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials to or from the Site and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Site, you assume the risk of such occurrences. 11. TERMINATION: You agree that Mauri Pioppo may, under certain circumstances and without prior notice, immediately terminate your right to use or make purchases through the Site in the event that: (a) You breach or violate these Terms of Use; and (b) Mauri Pioppo, in its sole discretion, decides to discontinue access to the Site; You agree that all terminations shall be made in Mauri Pioppo’s sole discretion and that Mauri Pioppo shall not be liable to you or any third-party for any termination of your account or access to the Site. 12. MISCELLANEOUS TERMS: (a) Governing Law . By accessing the Site, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Mauri Pioppo or its affiliates. In addition, you agree to submit to the jurisdiction of the courts of the State of New York, and that any action pursued concerning these Terms of Service or Your use of the Site shall be within the exclusive jurisdiction of the courts of the State of New York. (b) Construction . If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. (c) No Waiver . The failure by either you or Mauri Pioppo to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision or any other provision of these Terms of Use. (d) Survival . All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use. (e) Headings . The headings hereof are descriptive only and not to be construed in interpreting the provisions of these Terms of Use. 13. These Terms of Use were last updated on October 2, 2006.