TrueFacet, Inc. ( "TrueFacet" ) welcomes you. TrueFacet is really excited that you have decided to access and use TrueFacet's website located at www.TrueFacet.com ("Site").
The Site offers a wide range of services and sometimes additional terms ("Additional Terms") may apply to your use thereof. For example, consignors are subject to additional Consignment Terms governing the consignment of items on the Site.
TrueFacet is the premiere online marketplace providing you with access to sales of new and resale jewelry and watches.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
TrueFacet grants you a limited license to access the Site for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in TrueFacet's sole discretion) an unreasonable or disproportionately large load on TrueFacet's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by TrueFacet to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by TrueFacet.
You are not permitted to access the Site if you are under the age of 18 or if your account has been suspended or removed by TrueFacet for any reason. By accessing and using the Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
You may choose to use Site as a visitor or as a "Registered User." To become a Registered User, you must register with TrueFacet by creating an account with a unique email address and password (your "Credentials") to access your account. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Credentials or account to another party.
TrueFacet's community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Site, you hereby agree to comply with these community rules and that:
Please let TrueFacet know about inappropriate content. If you find something that violates TrueFacet's community guidelines, let TrueFacet know, and TrueFacet will review it. TrueFacet reserves the right, in TrueFacet's sole and absolute discretion, to deny you access to the Site, or any portion of the Site, without notice and remove any User Content that does not adhere to these guidelines.
All products that TrueFacet sells through the Site (the "Products") are provided by third parties and are not manufactured or supplied by TrueFacet. You acknowledge and agree that while some Products may be new Products, others will be used or pre-owned Products. If a Product is a used or pre-owned Product, this will be made known to you in the Product listing.
If you are interested in a Product that is currently on back order, email TrueFacet at support@TrueFacet.com or call TrueFacet at 800-690-3736 and TrueFacet can tell you when the Product will be back in stock. Sometimes with the volume of orders TrueFacet will receive, a Product may go out of stock before TrueFacet is able to post a notification on the Site. If this happens after you purchased that Product, TrueFacet will contact you directly to discuss possible options.
Product prices may be inaccurately displayed on the Site due to system or typographical errors. While TrueFacet makes every attempt to avoid these errors, they may occur. TrueFacet reserves the right to correct any and all errors when they do occur, and TrueFacet does not honor inaccurate or erroneous prices. If you purchase a Product with a listed price that is lower than its actual price, TrueFacet will, at TrueFacet's discretion, either contact you to notify you of the correct price before shipping the Product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the Product or pay the difference between the actual and charged prices. TrueFacet's prices are also subject to change without notice. TrueFacet apologizes for any inconvenience that this may cause.
TrueFacet does not negotiate prices on TrueFacet's Products and all TrueFacet's prices are final.
TrueFacet makes every attempt to ensure that TrueFacet's online catalog is as accurate and complete as possible. To give you the opportunity to view the Products in great detail, some Products may appear larger or smaller than their actual size in TrueFacet's photographs; and since every computer monitor is set differently, color and size may vary slightly.
TrueFacet's objective is to provide you with as much information and detail about your prospective purchase as possible so that you can get the details of a particular item. In compliance with industry standards, TrueFacet states that carat total weight on all purchases may vary 0.05 carats from stated weight.
To keep TrueFacet's prices low, TrueFacet does not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly.
TrueFacet will provide a Valuation Report (the "Report") for Products that you purchase. The Report sets forth TrueFacet's statement regarding the verification of a Product pursuant to TrueFacet's or TrueFacet vendor partner's examination of the Product. Your sole and exclusive remedy for a material misstatement by TrueFacet on a Certificate for a particular Product is the return of such Product and a refund of the purchase price.
Products purchased by you will be shipped in accordance with TrueFacet's then current shipping policy, a current version of which can be viewed here.
You may return Products only in accordance with TrueFacet's then current Return Policy, a current version of which can be viewed here.
The Site contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of TrueFacet (collectively referred to as the "Content"). The Content includes Product Descriptions. The Content is owned by TrueFacet or by TrueFacet's third party licensors. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from TrueFacet. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of TrueFacet ("TrueFacet Trademarks") used and displayed on the Site are registered and unregistered trademarks or service marks of TrueFacet. Other company, product, and service names used and displayed on the Site may be trademarks or service marks owned by others (the "Third-Party Trademarks," and, collectively with the TrueFacet Trademarks, the "Trademarks"). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without TrueFacet's prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by TrueFacet in writing. All goodwill generated from the use of the TrueFacet Trademarks inures to TrueFacet's benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without TrueFacet's express, written consent for each and every instance.
TrueFacet respects the intellectual property rights of others and attempts to comply with all relevant laws, and it expects its users to do the same. TrueFacet will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. TrueFacet may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party.
TrueFacet's designated agent under the Digital Millennium Copyright Act (the "Act") for the receipt of any notification of claimed infringement, which may be given under that Act is as follows:
c/o TrueFacet, Inc.
592 5th Ave
New York, NY 10036
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide TrueFacet's agent with notice in accordance with the requirements of the Act, including
The Site may provide you and other users with the ability to send messages or post content (together, "User Content") to or for other users and non-users. TrueFacet is under no obligation to review any User Content and assumes no responsibility or liability relating to any such User Content. Notwithstanding the above, The TrueFacet may from time to time monitor the User Content and may decline to accept and/or remove any User Content. You acknowledge that you are responsible for any User Content you submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such User Content.
When you use the Site or send emails to TrueFacet, you are communicating with TrueFacet electronically. You consent to receive communications electronically from TrueFacet and its affiliates. TrueFacet will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Although TrueFacet encourages you to e-mail TrueFacet, TrueFacet does not want you to, and you should not, e-mail TrueFacet any content that contains confidential information. With respect to all e-mails you send to TrueFacet, including but not limited to, feedback, questions, comments, suggestions, and the like, TrueFacet shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
TRUEFACET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE OR, EXCEPT AS OTHERWISE PROVIDED BY TRUEFACET TO YOU ON A PRODUCT BY PRODUCT BASIS, ANY PRODUCTS. TRUEFACET SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND ALL CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE (THE "CONTENT"), AS WELL AS ALL PRODUCTS, AT YOUR OWN RISK.
TRUEFACET DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TRUEFACET SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SITE, THE CONTENT AND, UNLESS OTHERWISE PROVIDED BY TRUEFACET TO YOU ON A PRODUCT BY PRODUCT BASIS, ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TRUEFACET DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
TRUEFACET SHALL NOT BE LIABLE TO YOU (OR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, OR LOSS OF GOODWILL OR REPUTATION) WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING OUT OF OR RELATING TO THIS AGREEMENT. TRUEFACET'S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE LESSER OF THE FEES PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR $100.
THE SITE AND/OR THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. TRUEFACET IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. THE SITE AND/OR THE CONTENT MAY CONTAIN INFORMATION ON PRODUCTS WHICH ARE NOT AVAILABLE IN EVERY LOCATION OR WHICH ARE NO LONGER AVAILABLE. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY THAT SUCH PRODUCT IS OR WILL BE AVAILABLE TO YOU. TRUEFACET RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND/OR ANY PRODUCT LISTING AT ANY TIME WITHOUT NOTICE.
The Site may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by TrueFacet of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. TRUEFACET is not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold TrueFacet and TrueFacet's officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any of your transactions made through the Site, or your access to, use, or misuse of the Site, the Content, or any Product. TrueFacet reserves the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting TrueFacet's defense of such matter.
The Site is based in the United States. TrueFacet makes no claims concerning whether the Site or any Content may be downloaded, viewed, or be appropriate for use outside of the United States. TrueFacet also make no claims concerning whether any Product is appropriate for sale outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
In the event that TrueFacet is temporarily unable to ship a Product purchased by you because of such an event, TrueFacet will give you the option of deferring shipment or receiving a refund of your charges.
TrueFacet reserves the right, in TrueFacet's sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Site or any part thereof, at any time and for any reason without prior notice or liability. TrueFacet reserves the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that the Site shall be deemed passive do not give rise to personal jurisdiction over TrueFacet, either specific or general, in jurisdictions other than New York.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE CONTENT, ANY PRODUCT, OR OTHERWISE ARISING OUT OF RELATED TO THIS AGREEMENT, OR TRUEFACET'S SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "Intellectual Property," "Communications to TrueFacet; User Submissions; and Publicity," "No Warranties/Limitation of Liability," "Indemnification," "Termination of the Agreement," and "Miscellaneous."
TrueFacet's failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against TrueFacet unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by TrueFacet and you in writing, this Agreement constitutes the entire Agreement between you and TrueFacet with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of TrueFacet's successors, assigns, licensees, and sublicensees.
You also may write to TrueFacet at:
592 5th Ave
New York, NY 10036