This agreement is between any type of user of this site and HBD Jewelry, hbdjewelry.com and its parent company, Hope Believe Dream, LLC also known as HBD.
Welcome to the hbdjewelry.com website. The hbdjewelry.com website (hereafter referred to as the “site”) is comprised of various web pages operated by Hope Believe Dream, LLC or HBD. It is offered for your use upon the of your acceptance, without modification, of the terms, conditions, and notices contained herein (hereafter referred to as the “terms”). Your use of the hbdjewelry.com website constitutes your agreement to all such terms and conditions, as specified in this Terms of Use. Please read these terms and conditions carefully before using the site. If you do not agree to any of the terms and conditions of this Terms of Use, please exit and do not use the site.
You may contact us detailing the terms and conditions contained in the Terms of Use that you do not agree with. Our contact information is listed at the bottom of this page.
This Terms of Use applies to the use of hbdjewelry.com and HBD Jewelry, HBD as well as Hope Believe Dream, LLC itself, and governs usage of the site. For the purposes of this Terms of Use, unless otherwise noted, all references to HBD Jewelry include HBD, Hope Believe Dream, LLC and hbdjewelry.com. For the reminder of the document, HBD Jewelry will be used in reference to all three entities. HBD Jewelry is an online jewelry retail web site. HBD Jewelry’s website, hbdjewelry.com, is owned and operated by Hope Believe Dream, LLC or HBD.
Privacy
Your use of hbdjewelry.com is subject to HBD Jewelry’s Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.
Electronic Communications
Visiting hbdjewelry.com or sending emails to HBD Jewelry constitutes electronic communications. You hereby consent to receive electronic communications from HBD Jewelry. You also consent that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and/or on the site, satisfy any and all legal requirements that such communications be in writing.
Your Account
If you use HBD Jewelry, you are agreeing to accept responsibility for any and all activity that occurs on your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer as needed to maintain this confidentiality. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that HBD Jewelry is not responsible or legally liable for third party access to your account as a result of theft or misappropriation of your account. HBD Jewelry and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in at our sole discretion and without any notice.
HBD Jewelry does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under thirteen, you may use hbdjewelry.com ONLY with permission of a parent or guardian. HBD Jewelry will not validate or collect any such permission. Each person and their parents or guardians are responsible for such permission and agreement. HBD Jewelry is not liable for any non-agreement or violation of personal agreements or users under thirteen years of age using our service without permission of a parent or guardian.
All registered users must be 18 years or older. Please DO NOT register on our site if you are under the age of 18.
Links to Partners / Suppliers / Third Party Sites / Third Party Services
HBD Jewelry may contain links to other websites (referred to as linked sites) as part of our content. These linked sites are not under the control of HBD Jewelry. Therefore, HBD Jewelry is not responsible for the contents of any linked site, including, without limitation, any link contained within a linked site or any changes or updates to a linked site. HBD Jewelry is providing these links to you only as a convenience only. Therefore, the inclusion of a linked site does not imply endorsement of the site or its contents, or any association with the site itself or its operators, by HBD Jewelry. Please read all policies and agreements on each linked site to confirm they are acceptable to you prior to use.
Certain services made available via hbdjewelry.com are delivered by our partners, third party sites and suppliers. By using any product, service or functionality originating from the hbdjewelry.com domain, you hereby acknowledge and consent that HBD Jewelry may share such information and data with any third party they have contracted with to provide the requested product, service or functionality on their behalf to HBD Jewelry users and customers.
Partners and Content
We are partnered with companies for payment processing and marketing promotion of the site. All partner logos and contents displayed in the website are supplied by the partner and copyright property of the partner. We simply display them as applicable to disclose the affiliation.
We do not validate the safety, warranty or claims for these partner products and services available via our site, therefore, we are not liable for any type of loss as a result of the sales and/or use of the products in question. This includes any type of bodily injury, loss of life, loss of work, loss of organ or any other type of loss. All types of users (business and consumer, registered or not) waive all legal rights against HBD Jewelry and Hope Believe Dream, LLC for any type of damage or loss which results from a transaction completed due to the use of our site. Consumers and businesses must resolve such disputes with the partner company directly, not involving HBD Jewelry and holding them, their officers, directors, employees, agents and third parties totally free of liability.
No Unlawful or Prohibited Use / Intellectual Property
Using www.hbdjewelry.com grants you a non-exclusive, non-transferable, revocable license to access and use the site strictly in accordance with these Terms of Use. As a condition of your use of the site, you certify to HBD Jewelry 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 or disrupt the services provided by the site. You may not temper with site security features or content, or attempt any type of hacking attacks. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided for through the site.
All content included as part of the HBD Jewelry service, such as text, graphics, logos and images, as well as the compilation thereof, and any software used on the site, is the property of HBD Jewelry and Hope Believe Dream, LLC protected by copyright and other laws that protect intellectual property and proprietary rights. Some content, logos and images may be property of HBD Jewelry customers, suppliers or partners. 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 to or copies of same.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the content, in whole or in part, found on the site. HBD Jewelry content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content. In particular, you will not copy, delete or alter any proprietary rights or attribution notices found 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 HBD Jewelry and the copyright owner. You agree that you do not acquire any ownership, copy or distribution rights of any protected content. We do not grant you any licenses, expressed or implied, to the intellectual property of HBD Jewelry or our licensors, except that expressly authorized by these terms.
International Users
The hbdjewelry.com service is controlled, operated and administered by HBD Jewelry from our headquarters in Troy, Michigan. The service is offered only within the United States at this time. If you access the service from a location outside the US, you are responsible for compliance with all local laws. You agree that you will not use the HBD Jewelry content accessed through hbdjewelry.com in any country that does not allow it or in any manner prohibited by applicable laws, restrictions or regulations. If you choose to do so, HBD Jewelry is not responsible for said violations, and cannot be held liable for such by any entity as a result of this misuse.
Users in the United States
The hbdjewelry.com service is controlled, operated and administered by HBD Jewelry from our headquarters in Troy, Michigan. The service is offered in any city within the United States at this time. When using HBD Jewelry’s site, you are responsible for compliance with all local laws specific to your city, county or state. You agree that you will not use the HBD Jewelry content accessed through hbdjewelry.com in any manner prohibited by any applicable laws, restrictions or regulations. If you choose to do so, HBD Jewelry is not responsible for said violations, and cannot be held liable for such by any entity as a result of this misuse.
Indemnification
Under these Terms and Conditions, you agree to indemnify, defend and hold harmless HBD Jewelry, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and/or expenses (including reasonable attorneys’ fees) relating to or arising from 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 of any rights of a third party, or your violation of any applicable laws, rules or regulations. HBD Jewelry 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 HBD Jewelry in asserting any available defenses. If such indemnification does not occur, you may be subject to legal action from HBD Jewelry and/or its officers, directors, employees, agents, partners and third parties.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE ADDED TO THE INFORMATION HEREIN. HBD JEWELRY AND/OR ITS CUSTOMERS, PARTNERS OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME WITHOUT PRIOR NOTICE.
HBD JEWELRY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR 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. HBD JEWELRY AND/OR ITS SUPPLIERS 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 A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HBD JEWELRY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, 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 HBD JEWELRY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE 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.
HBD Jewelry is an online jewelry retailer. We do not validate the safety, warranty or claims for the products available on the site, therefore, we are not liable for any type of loss as a result of the sales and/or use of the products in question. This includes any type bodily injury, loss of life, loss of work, loss of organ or any other type of loss. All types of users (business and consumer, registered or not) waive all legal rights against HBD Jewelry and Hope Believe Dream Jewelry, LLC for any type of damage or loss which results from a transaction completed due to use of our site. Consumers and businesses must directly resolve such disputes, not involving HBD Jewelry and holding them, their officers, directors, employees, agents and third parties totally free of liability.
Child Safety
Items sold on the HBD Jewelry website are intended for adult use only due to potential hazards to children, such as choking. No items sold on our website should be given to young children who could use it in a way other than intended, and special care should be taken to keep them out of reach of children to prevent harm.
Termination / Access Restriction
HBD Jewelry reserves the right, at its discretion, to terminate your access to the site and related services, or any portion thereof, at any time without notice. This agreement is governed by the laws of the State of Michigan, and users hereby consent to the exclusive jurisdiction and venue of courts in Troy, Michigan in resolving 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 validity to all provisions of these Terms and Conditions, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HBD Jewelry as a result of this agreement or use of the site. HBD Jewelry’s performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of HBD Jewelry’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 HBD Jewelry 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 that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to stay in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HBD Jewelry with respect to the site, and it supersedes all prior or concurrent communications and proposals, whether electronic, oral or written, between the user and HBD Jewelry with 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 and all related documents be written in English.
Changes to Terms
HBD Jewelry reserves the right, at its sole discretion, to change the Terms and Conditions or Terms of Use under which hbdjewelry.com is offered without any prior notice. The most current version of these terms will supersede all previous versions. HBD Jewelry encourages you to periodically review the Terms of Use to stay informed of any and all updates made to same terms and conditions.
Contact Us
HBD Jewelry welcomes your questions and/or comments regarding these Terms of Use. Please send correspondence to:
HBD Jewelry
2844 Livernois, Unit 782
Troy, Michigan 48099
or Email: support@HBD Jewelry.com
Please note: when sending email, please put “Terms of Use” on the subject line so we may better direct your information.
Effective as of January 20, 2018