Terms of service

MONSAI JEWELRY LLC

 

Terms of Use (“Terms”)

Welcome to the website for Mon-Sai Jewelry by EAP™.  These Terms are a contract between You (“You” or “Your”) and MonSai Jewelry LLC (“MonSai,” “Company,” “We,” “Us,” or “Our”) with regard to access and use of Our website (including www.monsaijewelry.net) and its component pages (“Site”), as well as the content, and/or online services made available through the Site.  Any references to the Company shall include employees, officers, directors, investors, agents, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of the Company.  Please read these Terms fully and carefully before accessing and using Our Site.

Our Commitment to Accessibility

MonSai is committed to providing a positive experience to all customers, including those with disabilities, both online and in person. To this end, MonSai has taken a variety of steps to improve the accessibility of its Site, with the goal of enabling all individuals to successfully research our products and services, and navigate through our Site, regardless of the use of assistive technologies.  We have engaged experienced website accessibility consultants to review, enhance, and monitor our Site to make sure that the content and functionality meets or exceeds applicable industry accessibility standards, including WCAG 2.1.  Our effort to comply with the WCAG accessibility standards is ongoing and we are dedicated to continually improving all areas of site in this regard.  Please contact us at email us at info@monsaijewelry.net if you are having trouble accessing any portion of this Site or have any feedback or suggestions as to how we could improve the accessibility of this Site.

  1. Terms of Use.

a) Acceptance. By accessing and using Our Site, You accept and agree to be legally bound by these Terms and all additions and prospective amendments to these Terms, including Our Privacy Policy and any other terms and conditions incorporated herein. This agreement is made by You just as if it had been made in writing.

 

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE OR ANY OF OUR ONLINE FEATURES, PRODUCTS, OR SERVICES. 

 b) We may amend these Terms from time to time in Our sole discretion. All amendments to these Terms will be effective immediately upon posting. Your continued access to Our Site constitutes an agreement to be bound to the Terms then effective and as amended. You also agree to accept notice of posting of any amendments or new terms through Us posting such amendments or new terms on the Site. Please review the Terms periodically so You are aware of any amendments.

c) Additional Terms. Although You are always bound by the Terms, in using additional features, products, or services available on the Site You may be bound by and subject to additional terms, policies, procedures and rules applicable to certain features, products, or services. These additional terms, including Our policy for Returns and Exchanges, may be posted and modified periodically. Any and all additional terms will not change or replace these Terms regarding use of the Site, unless expressly stated. Any and all additional terms are hereby incorporated within these Terms.

d) Capacity and Residence of Users. This is a general audience Site for adults age 18 or over, and is intended only for use by individuals in the United States. By using this Site, You represent and warrant that You are 18 years or older and have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that You are of sufficient mental capacity, and are otherwise permitted to be legally bound in contract.

Because the Site is intended solely for use by individuals located in the U.S., the information We collect is governed by applicable U.S. law, which may be different from the data protection laws applicable outside the U.S. If You are accessing the Site from outside of the U.S., please note that information collected through the Site will be transferred to, processed, and used in the U.S. Your use of the Site or providing Us with any information constitutes Your consent to the transfer to, and processing, usage, sharing and storage of Your information, including personal information, in the United States as set forth in these Terms of Use and Our Privacy Policy.

 

  1. General Use.
a) Site Features. Our Site contains certain features and functionality, including the ability to receive content. We reserve the right, in Our sole discretion, to change, modify, remove, or add any features, products, services, or terms offered or included as any part on the Site. This includes without limitation any features regarding Our products and services. 

 

b) This Site is intended for use by persons in the United States. If you are a person that is located or resides outside the United States, by accessing and using this Site, You agree to be bound by these Terms. This Site is not available to any persons suspended or removed from the Site by the Company in its sole discretion and with or without cause.  In using this Site, You represent that You are a person who has not been suspended or removed from the Site.  Persons choosing to access this Site do so at their own discretion and initiative, and are responsible for compliance with these Terms, all local laws and rules, including without limitation, such laws and rules regarding the internet, date, email, electronic messages, privacy, and security.

c) Merchandise Availability and Pricing.  MonSai is proud to offer unique, high quality merchandise on its Site.  Because of the customized nature of each piece, availability of the items offered on the Site will be in limited quantities or may be one-of-a-kind and only be available while supplies last.  If an item is no longer available, We will attempt to remove it promptly from the Site.  Although an item is listed on the Site, MonSai does not guarantee that it is in stock.  If You have a question regarding availability of a specific item, please contact Us by email at ____________________.   Prices displayed on the Site are in U.S. dollars and do not include applicable taxes, if any. Prices are subject to change at any time, and MonSai has the right to cancel any order for products or services listed at an incorrect price due to any error, whether or not the order has been confirmed. MonSai will provide notice to You before cancelling any such order.   

 

Monsai takes reasonable efforts to accurately display the merchandise on its Site.  Various factors, including the display and color capabilities of your electronic device or computer, as well as your electronic device screen or computer monitor, may significantly affect what is displayed when you access the Site.  Monsai is not responsible for the display of the color, size, texture, or any other detail or characteristic of its merchandise displayed to you when you access the Site on your electronic device or computer.  If you are dissatisfied with any item that you purchase, you may return it consistent with our Return Policy. 

d) The Site and its contents are for Your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, services, or features obtained from the Site or from MonSai without Our prior written consent. MonSai reserves all rights, both legal and equitable, to pursue legal action and recover damages (including attorneys’ fees) as a result of any unauthorized activity (including without limitation as set forth in this paragraph) in connection with any of its products and services.

e) Assumption of Risk. Access to and use of the Site is at Your own risk. MonSai hosts the Site on a reputable platform and takes reasonable efforts to maintain and host the Site.  However, We make no representations or warranties – either expressed or implied – that the safety and security of Your individual use of the Site will not be affected or altered by unauthorized access and misuse of the Site or any of its features by a third party.  By accessing or using this Site, or any of the features, products, or services on this Site, you acknowledge and agree that you assume all risk arising out of such access, including without limitation the unauthorized access and misuse of the Site or any of its features by a third party.

f) Reviews, Comments, Communications, and Other Content. If You post any comment on this Site or any third party site (a “Submission”), You grant MonSai a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, and modify such content throughout the world in any media.  You also grant MonSai the right to use any name or likeness that You submit in connection with such content, if We choose.  You represent and warrant that: (i) You own or otherwise control all the rights in any Submission You submit, and (ii) the Submission is non-infringing and does not otherwise violate the rights of any person or entity. You acknowledge and agree that You will indemnify MonSai for all claims resulting from the content You post or submit.  MonSai has the right but not the obligation to monitor and edit or remove any activity or content.  MonSai takes no responsibility and assumes no liability for any content posted by You or any third party.

Do not make any Submission that includes information You wish to remain confidential, including any personal information. Your Submission may be made publicly available and MonSai is not responsible for any use or misuse (including any distribution) by any third party. IF YOU CHOOSE TO INCLUDE ANY PERSONAL INFORMATION IN A SUBMISSION THROUGH OR IN CONNECTION WITH THE SITE OR ANY THIRD PARTY SITE, YOU DO SO AT YOUR OWN RISK.

g) Site Unavailability. Your access to the Site may be unavailable or interrupted at any time and for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of Your access to the Site, or any of the consequences of such interruptions.

 

  1. Termination; Modification.

Without any further notice, You understand and agree that at any time the Company, in its sole and exclusive discretion and with or without cause, may terminate, cancel, deactivate, and/or suspend Your access to the Site.  The Company also reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Site. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY REGARDING THE TERMINATION OR MODIFICATION OF YOUR ACCESS TO AND USE OF THE SITE, IS TO STOP USING THE SITE.

 

  1. Privacy.

Your privacy is important to Us. By using this Site, You agree to the terms and conditions of all policies that may apply to Your use of the Site and Our products and services, including without limitation, the collection and use of Your information consistent with the terms of Our Privacy Policy. Please review Our Privacy Policy regularly for more information.

 

  1. Monitoring.

The Company may, but has no obligation to, monitor use of the Site by You and other users. During monitoring, any information relating to any user or their respective activities on the Site may be examined, recorded, copied, and used for authorized purposes in accordance with these Terms and Our Privacy Policy.  Furthermore, the Company reserves the right at all times to disclose any information provided to any portion of the Site consistent with Our Privacy Policy or to satisfy any law, regulation, or governmental request, or to refuse to transmit, or to remove, any information or materials, in whole or in part, that the Company in its sole discretion, finds objectionable or in violation of these Terms.

  1. Conduct and Acceptable Use.

a) You are solely responsible for the content of Your communications and representations via the Site, including those sent to Us via the Site when You register or provide any other information to Us.

b) We may require, at any time, proof that You are following these Terms. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating Your access to the Site or seeking other legal or equitable remedies, once We become aware of any violation of these Terms. As a condition of use of the Site, You represent the following:

  1. You will not interfere with any other person using or enjoying the Site;
  2. You will not use the Site to threaten, abuse, harass, or invade the privacy of any person;
  3. Any content or materials You submit to Us (including through contacting Us) will be appropriate and lawful;
  4. You will not damage Our Site or Our servers;
  5. You will not attempt to gain unauthorized access to computer systems or networks connected to the Site or use the Site in any way for an inappropriate or unlawful purpose;
  6. You will not access data not intended for You, or log onto a server or an account that You are not authorized to use;
  7. You will not circumvent or modify, or attempt to or assist another in circumventing or modifying, any security technology or software that is part of the Site;
  8. You will not transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Site;
  9. You will not impersonate, falsely state, or otherwise misrepresent Your identity in any way while using the Site (including through contacting Us);
  10. You will not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Site other than the search tools available on the Site and other generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer); and
  11. You will not use the Site, its content, or its information for any criminal or unlawful purpose or encourage anyone else to do so.

Violations of the Terms, including without limitation provisions (i-xi) above, will be determined by the Company in its sole discretion and may result in, among other things, termination of Your access to the Site.

 

  1. Creating an Account and Making Online Purchases.

You may create an account or register with Us to use certain features or functionality of the Site, including to make online purchases. You are not permitted to share, sell, distribute or otherwise transfer Your account or allow Your login credentials to be used by any other individual. It is Your responsibility to keep Your account and password (including any related security questions and answers) confidential, and to ensure that You restrict access to any device You use to access Your account. You are solely responsible for any activities or actions taken under Your account, including all purchases, regardless of whether You authorized such activities or actions. You agree to notify Us immediately of any unauthorized use of Your account. We are not liable for any loss or damage from Your failure to comply with this section.

MonSai will provide written confirmation of any purchase made on the Site by an accountholder or a registered user.  If you do not receive written confirmation within 3 business days of making your purchase on the Site, please contact Us directly using the contact information provided below under “Contact Us”.  MonSai is not liable for any order or purchase made on the Site that is not confirmed in writing.    

You represent and warrant that any information You provide to Us is accurate, current, and complete and that You will maintain and promptly update Your information to keep it accurate, current and complete. If any information You provide to Us is untrue, inaccurate, not current, or incomplete, We reserve the right to terminate Your use of the Site.

 

  1. Ownership; Proprietary Rights.

ALL SITE CONTENT AND MATERIALS, AS WELL AS THE PRODUCTS DEPICTED ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, MERCHANDISE, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS, PRODUCT NAMES, DESIGNS, LOGOS, VIDEO MATERIAL, AND AUDIO CLIPS (COLLECTIVELY, “THE INTELLECTUAL PROPERTY”) ARE PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS OF THE UNITED STATES, AS WELL AS INTERNATIONAL CONVENTIONS AND THE LAWS OF OTHER COUNTRIES. THE INTELLECTUAL PROPERTY IS OWNED OR CONTROLLED BY THE COMPANY OR THE PARTY CREDITED AS THE PROVIDER OR OWNER OF THE INTELLECTUAL PROPERTY. THE COMPILATION (MEANING THE COLLECTION, ARRANGEMENT, AND ASSEMBLY) OF ALL CONTENT ON THE SITE IS THE EXCLUSIVE PROPERTY OF MON-SAI JEWELRY BY EAP™ AND MONSAI JEWELRY LLC AND PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS.  EXCEPT AS EXPRESSLY AUTHORIZED BY THE COMPANY, YOU AGREE NOT TO SELL, LICENSE, DISTRIBUTE, COPY, MODIFY, PUBLICLY PERFORM OR DISPLAY, TRANSMIT, PUBLISH, EDIT, ADAPT, CREATE DERIVATIVE WORKS FROM, OR OTHERWISE MAKE UNAUTHORIZED USE OF ALL SITE CONTENT AND MATERIALS.

 

  1. Third-Party Sites, Products & Services; Links.

 The Site may contain links to third party websites and other platforms, including without limitation, social media platforms, payment platforms, and shipping platforms (“Third Party Sites”).

 The Company is not responsible for Third Party Sites and their content. The Third Party Sites are not controlled by Us. Accordingly, the Company makes no warranties or representations regarding such Third Party Sites, has no responsibility for the operation or content of such Third Party Sites, and will not be liable for any loss or damage caused by Your use of or reliance on such Third Party Sites. Your use of Third Party Sites is at Your own risk. The inclusion on the Site of a link to a third party website does not imply an endorsement by the Company. When You access any of these Third Party Sites, please understand that Your rights and obligations while accessing and using those sites will be governed by the agreements and policies relating to the use of those sites.

 

  1. Disclaimer; No Warranties; Limitation on Liability and Damages.

 A) MONSAI TAKES REASONABLE EFFORTS TO ACCURATELY DISPLAY THE MERCHANDISE ON ITS SITE. VARIOUS FACTORS, INCLUDING THE DISPLAY AND COLOR CAPABILITIES OF YOUR ELECTRONIC DEVICE OR COMPUTER, AS WELL AS YOUR ELECTRONIC DEVICE SCREEN OR COMPUTER MONITOR, MAY SIGNIFICANTLY AFFECT WHAT IS DISPLAYED WHEN YOU ACCESS THE SITE, INCLUDING WITHOUT LIMITATION THE COLOR, CLARITY AND SIZE OF THE MERCHANDISE .  MONSAI IS NOT RESPONSIBLE FOR THE DISPLAY OF THE COLOR, SIZE, TEXTURE, OR ANY OTHER DETAIL OR CHARACTERISTIC OF ITS MERCHANDISE DISPLAYED TO YOU WHEN YOU ACCESS THE SITE ON YOUR ELECTRONIC DEVICE OR COMPUTER.  IF YOU ARE DISSATISFIED WITH ANY ITEM THAT YOU PURCHASE, YOU MAY RETURN IT CONSISTENT WITH OUR RETURN POLICY. 

B) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND SUBJECT TO PARAGRAPH (E) OF THIS SECTION, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE CONTENT OR SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.

C) YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED ON THE SITE BY ANY THIRD PARTY. YOU FURTHER AGREE THAT THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AND/OR MAY DISCONTINUE ANY PART OF THE SITE AT ANY TIME.

D) ALSO SUBJECT TO PARAGRAPH (E) OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

E) IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO ANY PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

 

  1. Indemnification; Hold Harmless.

You agree to indemnify and hold the Company, its employees, officers, directors, investors, agents, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of the Company harmless from all claims, liabilities, losses, damages, and expenses (including without limitation attorneys’ fees and expenses) arising out of or relating to Your breach or alleged breach of any Terms or conditions applicable to Your use of or access to the Site.

 

  1. Dispute.

These Terms are governed by the laws of the State of New York, without respect to its conflict of laws principles.  Jurisdiction for any claims, lawsuits, or other actions (collectively, “Claims”) arising under these Terms shall lie exclusively with the state or federal courts within New York.  You agree that neither You, nor Your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.

 

  1. Assignment.

 The Company may assign its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees.

 

  1. Severability.

 If any provision of these Terms, including Our Privacy Policy and any other terms and conditions incorporated herein, is found invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect, as shall this agreement, as if such invalid, illegal, or unenforceable provisions had never been a part of these Terms.

 

  1. Survivability.

Sections 4 (Privacy), 8 (Ownership; Proprietary Rights), 11 (Indemnification; Hold Harmless), 12 (Dispute), 13 (Assignment), 14 (Severability), 16 (Headings), 18 (No Waiver), 19 (Children’s Online Privacy Protection Act (“COPPA”) Notification), and 20 (Digital Millennium Copyright Act) shall survive any termination of these Terms.

 

  1. Headings.

All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the provisions, terms, representations, covenants, agreements, certifications, declarations, affirmances, or statements contained herein.

 

  1. Entire Agreement.

These Terms, including Our Privacy Policy and any other terms and conditions incorporated herein, represent the entire agreement between the Company and You regarding access to and use of the Site.  These Terms cancel and supersede all prior understandings between the Company and You regarding the rights and obligations herein. No provision of these Terms shall be modified or amended except as expressly stated within the Terms.

 

  1. No Waiver.

No waiver of any of these Terms by the Company is binding unless authorized in writing by an officer of the Company.  If the Company waives a breach of any provision of the Terms, any such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of the Terms and will in no manner affect the right of the Company to enforce the same at a later time.

 

  1. Children’s Online Privacy Protection Act (“COPPA”) Notification.

 Our Site is not designed or intended for use by children under the age of 18.  Pursuant to 47 U.S.C. Section 230(d) as amended.  We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that may be harmful to minors.  Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.

 

  1. Digital Millennium Copyright Act.

 Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Site should be promptly sent in the form of written communication to MonSai Jewelry LLC, ADDRESS, or EMAIL. All claims must include the following information:

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b) 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;

c) 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 the service provider to locate the material;

d) Information reasonably sufficient to permit the Company, its service provider, or an authorized representative to contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted;

e) 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

f) 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.

     

    1. Contact Us.

    If You have any questions about these Terms, including Our Privacy Policy and any other terms and conditions incorporated herein, please contact Us at:

     

    Email:  EMAIL.

    Address: MonSai Jewelry LLC

     

    Last Updated:  Include Last Updated Date Here