Terms of service

TERMS OF SERVICE

Jewelry Depot, Inc.  ·  Effective: 10/25/2025  ·  Last updated: 07/14/2024

OVERVIEW

This website is operated by Jewelry Depot, Inc. Throughout the site, the terms “we”, “us”, “our”, and “Jewelry Depot” refer to Jewelry Depot, Inc. Jewelry Depot offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. Purchases made through our Layaway program are not subject to the Refund Policy and are governed exclusively by Section 24 and the Layaway and Reservation Agreement.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s or mobile device’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy, and, for Layaway purchases, Section 24 below.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL JEWELRY DEPOT, INC., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

Because some States or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such States or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Jewelry Depot, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Subject to Section 24 (Layaway Purchases), these Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW; VENUE AND JURISDICTION (NON-ARBITRABLE CLAIMS)

Except to the extent the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the arbitration agreement, these Terms and any dispute or claim not subject to arbitration are governed by the laws of the State of Florida, without regard to conflicts-of-law principles. For any claim that is not subject to arbitration, you and Jewelry Depot, Inc. irrevocably consent to the exclusive jurisdiction and venue of the state courts located in Broward County, Florida or the United States District Court for the Southern District of Florida. You waive any objection to such courts on the basis of inconvenient forum or lack of jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us by email at info@jewelrydepot.com.

Our contact information is posted below:

Jewelry Depot, Inc.
3333 North Federal Highway, Suite 1028
Fort Lauderdale, Florida 33306
+1 (954) 923-0500
info@jewelrydepot.com

SECTION 21 – BINDING ARBITRATION & CLASS ACTION WAIVER

(a) Informal Dispute Resolution First. Before filing any arbitration, you agree to give us an opportunity to resolve your dispute informally. Send a written notice describing your claim to legal@jewelrydepot.com (subject line: “Pre-Arbitration Notice”) and mail a copy to Jewelry Depot, Inc., Attn: Legal Department, 3333 North Federal Highway – Suite 1028, Fort Lauderdale, Florida 33306. Include your name, contact information, order number (if any), and a concise statement of the facts and requested relief. If we are unable to resolve the dispute within 60 days after we receive your notice, either party may commence arbitration as set forth below. This informal process tolls any applicable statutes of limitation for the 60-day period.

(b) Agreement to Arbitrate; Scope. You and Jewelry Depot, Inc. (“we,” “us,” “our”) agree that any claim or dispute between us that arises out of or relates to your access to or use of our websites, mobile services, communications, or any purchase, return, product, warranty, or marketing practice (collectively, the “Services”), shall be resolved exclusively by binding arbitration on an individual basis, except as expressly provided below. This clause is intended to be construed broadly. Exclusions: (i) small-claims court matters may be brought by either party in a court of competent jurisdiction if the claim qualifies; and (ii) either party may seek temporary or preliminary injunctive relief in court to protect its intellectual property or trade secrets, pending final resolution in arbitration.

(c) Governing Law; Federal Arbitration Act. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) governs the interpretation and enforcement of this arbitration agreement. Except to the extent the FAA applies, these Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules.

(d) Arbitration Rules; Forum; Fees. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (the “AAA Rules”). The AAA Rules are available from the AAA. The arbitrator shall be a neutral attorney or retired judge. Filing location & hearing: the arbitration shall be filed with the AAA and, at your election, conducted by telephone, video conference, or in the county of your billing address. We will pay or reimburse AAA filing, administration, and arbitrator fees as required by the AAA Consumer Rules and to the extent necessary to ensure the arbitration is not cost-prohibitive to you. The arbitrator may award the same individualized damages and relief that a court could award.

(e) No Class or Representative Proceedings. ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, AND REPRESENTATIVE ACTIONS ARE NOT PERMITTED. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

(f) Mass-Filing Protocol (Efficiency for Numerous Similar Demands). If 25 or more substantially similar demands are presented by or with the assistance of the same law firm or coordinated firms within a 90-day period, the following staged protocol applies to promote efficiency and fairness, consistent with the AAA Rules: (i) counsel for the claimants and we will confer in good faith about a selection of up to 10 bellwether cases to be filed and resolved first; (ii) the remaining cases will be stayed; (iii) after the first 10 cases are resolved, the parties will engage in a mediation to attempt a global resolution; (iv) if no resolution is reached, an additional 20 cases may proceed in the next tranche, and so on. Filing fees for stayed cases need not be paid until each case is selected to proceed, and statutes of limitation are tolled from the date each demand was first received. The arbitrator(s) may not consolidate cases absent both parties’ consent.

(g) Arbitration Procedures; Discovery; Award. The arbitrator shall follow the AAA Rules, apply applicable substantive law (including the FAA), and issue a reasoned written award. The arbitrator shall have exclusive authority to resolve disputes regarding arbitrability and interpretation of this arbitration agreement, including enforceability, scope, unconscionability, or waiver. Either party may seek confidential protective orders for trade secrets or sensitive information.

(h) Opt-Out Right. You may opt out of this arbitration agreement within 30 days of the earlier of: (i) your first use of the Services; or (ii) the date you accepted these Terms, by sending an email to arbitration-optout@jewelrydepot.com and a mailed notice to the address in subsection (a) with your name, contact information, and a clear statement that you wish to opt out. Your opt-out will apply only to you. Opting out does not affect other provisions of the Terms.

(i) Severability; Non-Severability of Waivers. If any part of this Section is found unenforceable, it shall be severed and the remainder enforced to the fullest extent permitted by law; provided, however, that the waivers in subsection (e) (Class/Representative waivers) shall not be severable from this agreement to arbitrate. If a court determines that the waivers in subsection (e) are unenforceable as to a claim, then the entirety of this arbitration agreement shall be null and void as to that claim, and such claim shall proceed in court (subject to venue and governing law in these Terms).

(j) Survival; Changes. This Section survives termination of the Services or any purchase. If we make a material change to this Section, we will provide notice. Any material change will not apply to disputes of which we had actual notice before the change took effect unless you affirmatively agree to the change.

(k) Jury Trial Waiver (if a claim proceeds in court). YOU AND WE IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL in any court proceeding permitted under this Section.

SECTION 22 – INTELLECTUAL PROPERTY OWNERSHIP; LIMITED LICENSE; RESTRICTIONS

Ownership. The Site and all content and materials on it — including text, photographs, images, graphics, logos, product descriptions, audio/video clips, look and feel, and compilations (collectively, “Content”) — are owned by Jewelry Depot, Inc. or our licensors and are protected by U.S. and international copyright, trademark, and other intellectual-property laws. We and our licensors reserve all rights not expressly granted. Our names, logos, product names, and trade dress (collectively, “Marks”) are trademarks or trade dress of Jewelry Depot, Inc. or our licensors. No license to use any Mark is granted by implication, estoppel, or otherwise.

Limited License to You. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and personally use the Site for non-commercial shopping. This license does not include: (a) any resale or commercial use of the Site or Content; (b) modifying, reproducing, distributing, publicly performing/displaying, or creating derivative works from the Content; (c) use of data mining, robots, or similar data-gathering or extraction methods; (d) downloading (other than page caching) or copying account information for the benefit of another merchant; (e) using meta tags or other “hidden text” that use our Marks; or (f) any use that infringes our or any third party’s IP rights. We may revoke this license at any time.

User Feedback and Submissions. If you submit suggestions, reviews, photos, or other content (“Feedback”), you grant Jewelry Depot, Inc. a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any media, subject to our Privacy Policy. You represent that you have all rights necessary to grant this license and that your Feedback does not infringe third-party rights.

Infringement. Unauthorized use of the Content or Marks may violate copyright (exclusive rights under 17 U.S.C. § 106) and the Lanham Act (15 U.S.C. §§ 1114, 1125(a)). We reserve all remedies and will pursue violations to the fullest extent of the law.

SECTION 23 – DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE & TAKEDOWN; REPEAT-INFRINGER POLICY

DMCA Agent. Jewelry Depot, Inc. respects intellectual-property rights. Pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, we have designated the following agent to receive notifications of claimed infringement (the “DMCA Agent”):

• Name/Title: Copyright Manager
• Address: 3333 North Federal Highway, Suite 1028, Fort Lauderdale, FL 33306
• Phone: (954) 923-0500
• Email: info@jewelrydepot.com
• Registration Number: DMCA-1065417

A. How to Submit a DMCA Takedown Notice. If you believe material on the Site infringes your copyright, send a written notice to our DMCA Agent that includes all of the following (tracking 17 U.S.C. § 512(c)(3)):

1. A physical or electronic signature of the copyright owner or person authorized to act on the owner’s behalf;
2. Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works at one site are covered);
3. Identification of the material claimed to be infringing (or to be the subject of infringing activity) and information reasonably sufficient to locate the material (e.g., URL);
4. Your contact information (name, address, telephone, and email);
5. A statement that you have 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
6. A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.

B. Repeat-Infringer Policy. Consistent with 17 U.S.C. § 512(i), we terminate in appropriate circumstances the accounts or access of users who are repeat infringers and may remove or disable access to allegedly infringing material upon receipt of compliant notices.

C. Counter-Notification. If we remove or disable access to your content in response to a DMCA notice, and you believe the removal was a mistake or misidentification, you may submit a counter-notification to the DMCA Agent that includes all of the following (per 17 U.S.C. § 512(g)(3)):

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the U.S., for the Southern District of Florida), and that you will accept service of process from the person who provided the original DMCA notice or that person’s agent.

D. Restoration Timeline. If we receive a valid counter-notification, we will forward it to the original complainant and restore the removed material not less than 10 and not more than 14 business days after receipt of the counter-notification unless our DMCA Agent first receives notice that the complainant has filed an action seeking a court order to restrain the allegedly infringing activity.

E. Misrepresentations. Knowingly misrepresenting that material or activity is infringing (or that it was removed by mistake) may subject you to liability, including damages and attorneys’ fees, under 17 U.S.C. § 512(f).

SECTION 24 – LAYAWAY PURCHASES

(a) Separate Agreement. Purchases made through the Jewelry Depot Layaway program are governed by the Jewelry Depot Layaway and Reservation Agreement (the “Layaway Agreement”), which is presented to you in full and which you sign electronically before any payment is processed. A copy is available at any time on request, free of charge.

(b) Conflict; Which Document Controls. NOTWITHSTANDING SECTION 17 (ENTIRE AGREEMENT) AND ANY OTHER PROVISION OF THESE TERMS, in the event of any conflict or inconsistency between these Terms of Service — including without limitation the Refund Policy, any Return Policy, Exchange Policy, Shipping Policy, or other policy published on this site — and the Layaway Agreement, THE LAYAWAY AGREEMENT CONTROLS WITH RESPECT TO THAT LAYAWAY TRANSACTION. These Terms continue to govern all other aspects of your use of this site and all non-Layaway transactions.

(c) Returns and Refunds Do Not Apply. OUR STANDARD RETURN AND REFUND POLICY — INCLUDING ANY STATED PERIOD FOR RETURNING MERCHANDISE FOR A REFUND — DOES NOT APPLY TO LAYAWAY PURCHASES. Cancellation of a Layaway, the amount refunded to you, the amount we retain, and the form in which any refund is issued are governed exclusively by the Layaway Agreement, which discloses all of them to you in writing, in your own figures, before you pay anything.

(d) No Delivery Until Paid in Full. MERCHANDISE RESERVED THROUGH LAYAWAY IS NOT SHIPPED, DELIVERED, OR MADE AVAILABLE FOR PICKUP AT ANY TIME BEFORE THE FINAL PAYMENT CLEARS. This is the structure of the Layaway program and is not a failure of performance by us. It is disclosed to you before any payment is taken.

(e) Layaway Is Not Credit. THE LAYAWAY PROGRAM IS NOT CREDIT, IS NOT A LOAN, AND IS NOT A FINANCING ARRANGEMENT. You incur no debt, you are under no obligation to complete any Layaway, and stopping is not a breach. We will not bill you for a balance, send you to collections, or report you to any credit bureau.

Layaway is distinct from the third-party Buy Now, Pay Later and financing options offered on this site (including without limitation Affirm, Afterpay, Klarna, Synchrony, and Acima). Those are extensions of credit or lease arrangements provided by third parties, on their own terms, and are not governed by the Layaway Agreement or by this Section.

(f) Arbitration Applies. Section 21 (Binding Arbitration & Class Action Waiver) applies to Layaway transactions. It is separately disclosed to you, and separately accepted by you, in the Layaway Agreement, and the arbitration provisions of the Layaway Agreement and Section 21 are to be read together and given full effect. Your right to opt out under Section 21(h) is preserved.

(g) State-Specific Terms. The law of certain states and the District of Columbia governs what a seller may retain when a layaway is cancelled. Where such law applies to you, we comply with it in full, and the terms applicable to you are set out in your Layaway Agreement before any payment is processed.

(h) Survival. This Section survives any termination of these Terms and applies to any Layaway open on the date of termination.