Style Folio Enterprises, LLC (”Style Folio”) provides the StyleFolioJewelry.com website (”Website”) subject to the following terms (”Terms of Use”). By visiting the Website or contacting us via e-mail, you acknowledge that communications we provide you via e-mail or postings to this Website meet all legal requirements that the communications be in writing. If you do not agree to these Terms of Use, do not register with or enter this Website. By using the Website, you are agreeing to comply with the Terms of Use and the terms of the Style Folio Privacy Policy. You acknowledge that from time to time, Style Folio may change the terms of these Terms of Use without notice to you. All such modifications shall become effective immediately and govern any subsequent use of the Website by you, please check these Terms of Use and the Privacy Policy before using the Website to determine whether a change has been made. Your continued use of the Website after the posting of any changes shall constitute your agreement with, and acceptance of, such changes. In the event you do not agree to abide by such modifications, you must not use the Website in any manner.

VIOLATIONS

Violations of these Terms of Use or the Privacy Policy entitle Style Folio to receive from you minimum damages in the amount of $500 for each violation, plus attorney fees. This is in addition to damages awarded to other wronged parties. Using information or content available on the Website, including, but not limited to: photographs, text, logos, icons, data compilations and designs (collectively “Content“) in violation of these TERMS OF USE or the Privacy Policy entitles Style Folio to receive from you minimum damages in the amount of $500 for each violation, plus all reasonable attorney fees associated therewith.

WEBSITE CONTENT

All Content is owned by Style Folio and/or Style Folio’s other licensors and is protected under United States and international intellectual property laws, including copyright.

All copyrightable Content, including the selection and arrangement of the Content, is copyright of its respective owners, ALL RIGHTS RESERVED. Except as stated herein, you may not copy, reproduce, distribute, republish, download, post or transmit the Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of Style Folio. By submitting any copyrightable material to Style Folio (”Submission”), you thereby grant Style Folio a worldwide, royalty-free, and non-exclusive license thereto. Such license extends to all text, photos, graphics, audio, or video that you submit. Such license includes the right to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Submission, and to incorporate such Submission into other works in any format or medium now known or later developed. You are wholly responsible for the all material you submit to Style Folio. You agree to hold Style Folio harmless from any claim or damage resulting in whole or in part from Submissions you submit to Style Folio.

You may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any manner other than in accordance with the intended use and in furtherance of the purpose of the Website. You acknowledge that the Content is provided AS-IS, without any warranty, including any warranty of merchantability or fitness for an intended purpose. Style Folio does not guarantee the accuracy or veracity of any Content.

TRANSFER OF RISK

Items you purchase from the Website are purchased in accordance with a shipment contract. As a result, all risk associated with loss or damage to such purchased items pass to you upon Style Folio presenting such purchased items to the courier for transportation to you.

USE OF THE WEBSITE

Style Folio hereby grants you, subject to the terms and conditions set forth in these Terms of Use, a non-exclusive and nontransferable license (”License”) to use the Website. Style Folio may cancel this License at any time, for any reason, or for no reason. Except and to the extent expressly provided herein, no rights or licenses, expressed or implied, are hereby granted to YOU, as a result of, or related to these Terms of Use, under any patents, copyrights, trade secrets, or other proprietary rights of Style Folio or to use the Website or any portion thereof.

Under the terms of this License, you may only access this Website:

1. for your personal, non-commercial use;
2. using the standard functionality provided through the Website;
3. using your own user name and password;
4. if you are 18 years of age or older (We do not knowingly collect information from anyone under 13 years of age);

Under the terms of this License, you shall not:

1. redistribute any portion of this Website or the Content, in any manner, in any medium;
2. attempt to defeat, defeat or “work around” any copy-protection or any system designed to restrict access to visitors;
3. extract or collect any personally identifiable information from, or through, the Website;
4. use Style Folio’s trademark(s) in metatagging or in any other type of hidden information;
5. use any type of data mining system, bot, or any other type of automated data collection tool;
6. collect or use pricing information, collections, compilations or product descriptions;
7. assign, rent, sublease or otherwise attempt to transfer any rights under these Terms of Use;
8. “frame” any portion of the Website;
9. use any inappropriate language in conjunction with the Website, including, but not limited to, profanity and hate speech;
10. use the Website for any commercial solicitation; or
11. attempt to alter, vandalize, modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except in the form of page caching) the Website.

Style Folio reserves all rights not expressly granted hereunder.

HYPERLINKS

The Website includes links to other websites wholly independent of Style Folio and the Website. Style Folio makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained on any such third party website. Style Folio does not endorse, sponsor or guarantee such third party websites. You agree not to hold Style Folio responsible for any advice, content, information, practices, products or services related to or made available through such third party websites. ACCOUNT Access to certain areas of the Website requires your creation of a Style Folio user account (”Account”) which will provide you with a username and password. You must provide complete and accurate information when creating your Account. You are responsible for maintaining the confidentiality and security of your username and password used to access the Website and you must prevent use of your Account, username or password by any third parties. You accept and acknowledge that you are solely responsible all activity conducted using your account and/or username. Notify Style Folio immediately if you suspect your Account has been compromised. Style Folio shall not be responsible to you for any damages attributable to unauthorized use of your Account.

INDEMNIFICATION

You agree to defend, indemnify and hold Style Folio, its parents, subsidiaries, affiliates, managers and employees, its suppliers and their respective affiliates and agents, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to your use of this Website, including, but not limited to: (1) your Submissions; (2) your alleged breach of these Terms of Use; or (3) your infringement of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY

IN NO EVENT SHALL STYLE FOLIO, ITS PARENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO STYLE FOLIO’S RECORDS, OR FOR THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF STYLE FOLIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. STYLE FOLIO’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO STYLE FOLIO UNDER THESE TERMS OF USE. NOTHING IN THESE TERMS OF USE GRANTS ANY THIRD PARTY RIGHTS OR BENEFITS.

DISCLAIMER

YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE CONTENT HEREIN IS PROVIDED ON AN “AS IS, WHERE IS” BASIS AND THAT STYLE FOLIO MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE OR THE CONTENT. STYLE FOLIO DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEBSITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) STYLE FOLIO DOES NOT REPRESENT OR WARRANT THE TIMLINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE CONTENT; AND (3) STYLE FOLIO DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING MATERIAL. STYLE FOLIO MAY PERIODICALLY CHANGE CONTENT. STYLE FOLIO RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES, AT ANY TIME WITHOUT NOTICE TO YOU.

DESCRIPTION AND PRICING ERRORS

Style Folio strives to be accurate in its description and pricing of items appearing on the Website. Style Folio, however, does not warrant that such descriptions and pricing information will be error-free. In the event that a description on the Website is erroneous, your sole remedy is to return the item to Style Folio in accordance with Style Folio’s then-current return policy. In the event that the correct price of an item is higher than an erroneous price listed on the Website, Style Folio reserves the right to cancel the order or, at its sole discretion, contact you to determine your instructions prior to shipping.

LINKS TO THIRD-PARTY SITES

This Website includes hypertext links to other websites and Style Folio has no control over, and makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites, or any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you thereby irrevocably waive any and all claims against Style Folio regarding such websites and must adhere to the usage and privacy policies governing such sites. Note that this website’s use of hypertext links to other websites does not imply Style Folio’s sponsorship or endorsement of any such websites.

COPYRIGHT INFRINGEMENT NOTICE

It is Style Folio’s policy to investigate and respond to claims of intellectual property infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3) (”DMCA”), Style Folio has designated the following agent to the U.S. Copyright Office to receive ONLY notifications of claimed copyright infringement relating to the Website:

• by mail: Style Folio DMCA Copyright Agent c/o Law Offices Of Brett J. Trout 516 Walnut Des Moines, Iowa 50309
• by fax: (515) 280-7114
• by email: trout@bretttrout.com

If you believe any of the Website Content infringes your copyright, forward the following information to the above-identified DMCA Agent:

1. A physical or electronic signature of the copyright holder or an authorized agent acting on behalf of the copyright holder;
2. A description of the copyrighted work you claim is infringed or, if multiple works are involved, a representative list of the works you believe are infringed;
3. A description of the material that is allegedly infringing or the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
4. Your contact information, including your address, telephone number, and email address;
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 notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

TRADEMARK

Whether or not specifically designated as such, the Style Folio logo and all other colors, graphics, logos, sounds, images, icons and buttons displayed in this Website (”Marks”) are trademarks or trade dress of Style Folio and/or its affiliates. Absent prior written consent from an officer of Style Folio, you may not copy imitate or use any portion of the Marks.

IMPERMISSIBLE ACTIVITY

You must not use the Website or the Style Folio server(s) to transmit any information which Style Folio has reason to believe or which in Style Folio’s opinion: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, profane, obscene or offensive; (4) is pornographic, sexually explicit or indecent; (5) contains false or misleading information (6) inhibits another user from use or enjoyment of this Website; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of political campaigning, commercial component, chain letter, advertising or any form of “Spam.” If at any time Style Folio becomes aware of any unauthorized usage of this Website, including any unauthorized political, commercial, malicious, destructive or illegal use, Style Folio may, at its discretion, purge the information and/or report any such activities to the relevant authorities. If you become aware of any such unauthorized usage of the Website, contact the webmaster immediately at webmaster@stylefoliojewelry.com.

DATA COLLECTION AND USE

Anything you submit to Style Folio is subject to Style Folio’s Privacy Policy. By using this Website, you agree to review the Privacy Policy, and be bound by its terms and conditions. Style Folio does not knowingly collect data directly from anyone under 13 years of age. If you believe Style Folio has inadvertently collected any such data, please contact our website administrator at webmaster@stylefoliojewelry.com for information regarding removal of any such data from our files.

MONITORING THE SITE

You acknowledge that you are solely responsible for all of your activities in relationship to this Website, including the contents of all Submissions, and the consequences thereof. While Style Folio respects your privacy, you hereby acknowledge that these Terms of Use creates no reasonable expectation of privacy in any Submissions. Style Folio may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (Spam). You may not use this Website in association with such Spam, any computer viruses or any other potentially damaging computer code. Style Folio will prosecute violations of this provision to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to this Website as well as lost profits, damages, court costs and attorney fees associated with repairing any damaged software or hardware. Notwithstanding any provisions of the Privacy Policy, Style Folio reserves the right to report any Submissions or activities which Style Folio believes violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and to assist such parties in their investigations.

GOVERNING LAW

You acknowledge these Terms of Use is the entire agreement between you and Style Folio relating to your use of this Website. The laws of the State of Iowa, United States of America shall govern these Terms of Use and the Privacy Policy, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Privacy Policy shall be filed only in state or federal court located in Polk County, Iowa, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action. You agree to accept service of process by mail, and hereby waive all jurisdictional or venue defenses. You acknowledge, for the purposes of any legal action, the Website is sufficiently passive website so as to not give rise to jurisdiction over Style Folio in any other jurisdiction.

TERMINATION

Either you or Style Folio may terminate these Terms of Use at any time. You may terminate these Terms of Use by destroying all materials obtained from this Website. Style Folio may terminate these Terms of Use immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent your future access to this Website.

SEVERABILITY

If any portion of these Terms of Use or the Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.

GENERAL

No term or provision of these Terms of Use shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by Style Folio. A waiver by Style Folio of any of the conditions to be performed by you hereunder shall not be construed to be a waiver of any succeeding breach thereof. All remedies provided for in these Terms of Use shall be cumulative, and in addition to, and not in lieu of, any other remedies available to Style Folio at law, in equity or otherwise. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use or the Website must be filed within one (1) year after such claim or cause of action arises or will be forever barred.