Terms and Conditions
1.1 These Terms and Conditions (hereinafter, referred to as “these Terms” or “the Terms”) for the the website www.PrimeSettings.com (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (“you” or “your”) of the Website and PrimeSettings.com LLC having a principal place of business at Galaxy Mall, 7000 Kennedy Boulevard East, Suite M-2, Guttenberg, NJ 07093, the United States of America (hereinafter, referred to as “PrimeSettings.com”, “we”, “us”, “our”).
1.2 By entering the Website, doing business & communicating with Prime Settings, LLC you agree to be bound by these Terms. If you do not want to be bound by these Terms, please refrain from using the Website.
2.1 PrimeSettings.com reserves the right to modify or amend these Terms from time to time without notice. If you continue using the Website following the posting of changes to the Terms on the Website, you declare that you accept those changes.
3.1 All contents, trademarks or service marks displayed on the Website are registered and unregistered trademarks of PrimeSettings.com, it’s licensors or content providers, or other third parties and are property of their respective owners. There shall be nothing in this Website which shall be construed to grant any rights by implication, estoppel or otherwise, any license, or the right to use, alter, delete, modify, or improve, logo, trademarks, graphics, and design for whatever purpose. All such logo, trademarks, graphics, and design are protected under the copyright laws of the United States and other countries.
4. Website Use
4.1 The Website and all its contents are provided solely for personal, noncommercial use, including the purchase of the merchandize and for no other purpose. Any downloading or copying of the materials herein is allowed where the use thereof is solely personal and noncommercial. There shall be no transfer of rights, title, or interest associated with such downloading or copying, and such materials may not be linked, transferred, retransmitted, reproduced, or otherwise distributed or displayed, in whole or in part, along with mirroring, framing, or deep linking. PrimeSettings.com reserves the right to cancel any suspected or fraudulent order.
4.2 You are not allowed to use the Website to conduct any illegal activity or any activity that violates the rights of others, provides instructional information about illegal activities, or promotes harm to anyone.
5. User-Generated Content
5.1 The Website offers the users the opportunity to post text, images, videos, links, and other materials (hereinafter, all content posted by the users on the Website is referred to “User-Generated Content”).
5.2 By posting User-Generated Content, you grant to PrimeSettings.com an unrestricted, royalty-free, perpetual, and irrevocable right to display such User-Generated Content on the Website and other related review websites.
5.3 You agree not to post on the Website any User-Generated Content or other material that:
i.constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
ii.contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.
iii.is false, misleading, or constitutes an unfair or deceptive trade practice;
iv.infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights;
v.is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner; or
vi.promotes the use of alcohol, tobacco, or any illegal substance;
5.4 You further agree that any User-Generated Content you post on the Website does not contain any confidential, proprietary or trade secret information. PrimeSettings.com shall have no obligation to store, keep copies of or return any User-Generated Content. PrimeSettings.com further reserves the right, in its sole discretion, to modify, delete or remove any User-Generated Content from the Website that it deems to be in violation of the foregoing requirements.
5.5 You will be solely responsible and liable for, and will indemnify PrimeSettings.com and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from your User-Generated Content.
6.1 The prices are in various currencies. All figures of currencies different than the United States dollar are based on the current daily local currency conversion rate. The prices in currencies different than the United States dollar may not be the actual prices that the customers need to pay. The actual prices depend on conversation rates of the providers of payment services (e.g. a bank or a credit card provider).
6.2 The prices are subject to change without prior notice. All of our merchandise, the weight of metals and diamond carat could be less or more than what is stated on our Website. PrimeSettings.com strives to provide customers with the accurate product information and pricing but we acknowledge that technical and human errors occur. If such error occurs, we reserve the right to correct the price and cancel or refuse any order placed with the erroneous price within 24 hours.
7.1 Some items may appear slightly larger or smaller than the actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item but the very low return rate reflects that our items meet or exceed our customer’s expectations and that our items are very well represented through our images.
8.1 PrimeSettings.com makes no representations or warranties for the content of any sites that may be linked to or from the Website. Should there be a link to another site, such link does not amount to an endorsement of that site or its products and services and is solely provided for your convenience nor is PrimeSettings.com an agent, representative or licensee of such a site, nor does PrimeSettings.com endorse or guarantee that site or the products or services contained in it.
10.1. We will use reasonable efforts to make the Website available at all times. However, you acknowledge that the Website is provided over the Internet and so the quality and availability of the Website may be affected by factors outside our reasonable control.
10.2. We do not accept any responsibility for unavailability of the Website due to bandwidth problems, equipment failure, or acts of God.
11.1 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICES FOUND ON THE WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. PrimeSettings.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT NOR WARRANT THAT USE OF THE WEBSITE SHALL BE UNINTERRUPTED AND ERROR-FREE.
11.2 YOU ACKNOWLEDGE THAT YOU USE THE WEBSITE AT YOUR OWN RISK AND ASSUME FULL RESPONSIBILITY FOR ALL COSTS. PRIMESETTINGS.COM IS NOT RESPONSIBLE FOR ANY DAMAGES (DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL), INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES, RELATED TO ANY PERSON’S USE OF THE WEBSITE OR ANY INFORMATION CONTAINED IN IT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS, VIRUSES, ERRORS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM FORTUITOUS EVENTS, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PRIMESETTINGS.COM RECORDS, PROGRAMS OR SERVICES.
11.3 THE ABOVE-MENTIONED LIMITATION ON LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, IF PRIMESETTINGS.COM OR ITS AUTHORIZED REPRESENTATIVE HAS NOT BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE RESPONSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT PERMIT OR ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL BE APPLICABLE TO ALL CONTENT, MERCHANDISE AND SERVICE THROUGH THE WEBSITE.
12. Applicable Law
12.1 By using the Website, you agree and acknowledge that any disputes arising out of the use of the Website will be resolved according to the laws of the State of New Jersey, the United States of America.
13. Site Operator
13.1 Prime Settings, LLC, Galaxy Mall, 7000 Kennedy Boulevard East, Suite M-2, Guttenberg, NJ 07093, in conjunction with its third-party service providers, operates the Website.