Terms & Conditions
INTRODUCTION
PLEASE READ THESE TERMS OF USE AND ANY HYPERLINKED POLICIES (COLLECTIVELY THE "AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITES AND SERVICES OFFERED BY SBBL, LLC ("FOR RICHER"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITES AT FORRICHERJEWELRY.COM (THE "SITE") AND ALL SERVICES PROVIDED BY FOR RICHER ON THE SITE (THE “SERVICES”). BY USING THE SITE AND SERVICES OFFERED BY FOR RICHER (INCLUDING THE FOR RICHER APP), AND INCLUDING BUT NOT LIMITED TO BROWSING THE SITE, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY, (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF USE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. BY USING THE SITE AND SERVICES OFFERED BY FOR RICHER, YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE SITE.
Please note that Section 6 below contains an arbitration clause and class action waiver. By agreeing to the Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
1. For Richer is a Marketplace/Venue
For Richer acts as a marketplace/venue to allow users who comply with For Richer's Terms of Use and policies to offer, sell and buy jewelry and jewelry accessories from other users. While For Richer has processes in place to review the veracity and propriety of listings and to vet buyers and sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items. For Richer also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. You agree that to the fullest extent protected by law, For Richer is a marketplace/venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on For Richer. YOU USE THE FOR RICHER SERVICE AT YOUR OWN RISK AND AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS, INCLUDING NO PROMISE OF CONTINUOUS SERVICE (SEE SECTION 16 BELOW). PLEASE ALSO SEE THE SECTIONS ON NO WARRANTIES (SECTION 11), LIMITATION ON LIABILITIES (SECTION 12) AND INDEMNITIES (SECTION 15) BELOW.
(A) FOR SELLERS: When listing an item for sale with For Richer, you agree to comply with all terms of these Terms of Use and with any and all other terms, rules, policies, or other guidelines in place by For Richer at the time of your listing. You also agree that:
(i) You assume full responsibility for the item offered and the accuracy and content of the listing;
(ii) Your listing may not be immediately searchable for several hours (sometimes, up to 24 hours);
(iii) Your listings may renew automatically, based on the terms, rules and policies in these Terms of Use, or effectuated by For Richer from time to time;
(iv) Content that violates any of For Richer’s policies may be modified, obfuscated or deleted at For Richer’s sole discretion;
(v) For Richer may revise product data associated with listings to supplement, remove, or correct information;
(vi) For Richer makes no assurances or guarantees about where your listing may appear in search results;
(vii) When a buyer purchases an item of your listing, the buyer shall pay for the item through For Richer’s Site, and For Richer shall hold the payment in escrow, pursuant to For Richer’s Escrow Agreement, until the listing has been verified by a certified gemologist, chosen by For Richer at its sole discretion (the “Gemologist”);
(viii) Once For Richer notifies you that a buyer has purchased an item of your listing, you will ship the item, with the shipment insured by the carrier for at least the listed price of the item, to For Richer at 901B Virginia Ave Nashville, TN 37216 within ten (10) days of such notification from For Richer, and you will be responsible for any loss or damage of the item until the item is received by the seller, including while the item is being inspected by the Gemologist and while the item is in possession of For Richer or the Gemologist;
(ix) Once received by For Richer, For Richer will deliver the item to the Gemologist, who will review the item to verify that it is substantially what was listed on the Site;
(x) The Gemologist will make its representations to For Richer regarding the item’s conformity with your listing of the item and no more; the Gemologist will make no representations or warranties of quality, color, grade, clarity, price, value, or any other characteristic of the item, other than that the item substantially conforms with your listing of the item or does not substantially conform with your listing of the item;
(xi) If the Gemologist determines and advises For Richer that the item substantially conforms to your listing of the item, the item will be shipped to the buyer at the buyer’s expense, and the buyer shall bear the responsibility for loss or damage of the item;
(xii) After the item is shipped to the buyer, your portion of the payment made from the buyer to For Richer shall be released to you, pursuant to the Escrow Agreement;
(xiii) If the Gemologist determines and advises For Richer that the item does not substantially conform to your listing of the item, you and the buyer shall be separately notified of the Gemologist’s determination, including any reasoning or explanation from the Gemologist regarding the determination, and the buyer shall be given the option, in their sole discretion, to proceed with the transaction or to rescind the purchase, and the buyer shall have ten (10) days to decide whether to rescind the purchase or proceed with the transaction;
(xiv) After notifying the buyer of the Gemologist’s determination that the Item does not substantially conform to your listing, if the buyer decides to rescind the purchase, or the buyer does not respond within ten (10) days of being notified by For Richer of the Gemologist’s determination, For Richer shall ship the item, via an insured delivery from a carrier, back to you at your expense, and you will be charged a service fee of $500.00, which For Richer may deduct from any payment account it maintains for that seller’s benefit, and if no payment account is available for such deduction, the item shall be retained by For Richer until such fee and delivery expenses are paid to For Richer;
(xv) If the buyer decides to proceed with the transaction after being notified of the Gemologist’s determination that the item does not substantially conform with your listing, the item will be shipped to the buyer at the buyer’s expense, and the buyer shall bear the responsibility for loss or damage of the item;
(xvi) You will not carry out any sales via private message as a means to avoid For Richer’s transaction fees. Any other efforts to move sales initiated on For Richer off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on the Site, but consummated off-site will not be subject to any of For Richer's policies or protections. For Richer reserves the right to charge its fee for any transaction initiated on the Site and completed off-site. You waive any and all claims against For Richer for such fee;
(xvi) Any dispute or complaint from the purchaser of an item shall be your sole responsibility, and you agree to indemnify and hold harmless For Richer and the Gemologist from any and all claims, suits, complaints, damages, or other liability arising from your listing of any item(s) on the Site;
(xvii) You agree to be bound by the terms of this Agreement, as well as those of the Broker Agreement and Escrow Agreement.
(B) FOR BUYERS When purchasing an item using For Richer, you agree to comply with all terms of these Terms of Use and with any and all other terms, rules, policies, or other guidelines in place by For Richer at the time of your listing. You also agree that:
(i) You are responsible for reading the full item listing before purchasing an item from the Site;
(ii) You enter into a legally binding contract to purchase an item, if it substantially conforms with the listing, once you submit payment for the item;
(iii) For Richer is not responsible for transferring any legal title to the item or warranting that the item is unencumbered at the time of your purchase;
(iv) Unless you agree otherwise with the seller, or circumstances make it impractical, Uniform Commercial Code §2-401(2) applies to the transfer of ownership between buyer and seller;
(v) Once a transaction is complete, and the item has been shipped to you, there are no returns, refunds, or other remedies available to you for dissatisfaction with the item for any reason;
(vi) For Richer is a marketplace, not a party to the actual transaction, and you waive and release For Richer (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands, damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with For Richer’s services or Site;
(vii) If you purchase an item using For Richer’s Site, you are obligated to pay for the item that was sold at the time of the sale, and that your payment shall be held in escrow by For Richer, pursuant to the Escrow Agreement;
(viii) Once you have purchased the item, a certified gemologist, selected at For Richer’s sole discretion (the “Gemologist”), will inspect the item to verify that the item you purchased substantially conforms to the listing on the Site, while your payment is held in escrow;
(ix) The Gemologist will only examine the item to determine that it substantially conforms with the listing of that item, and the Gemologist shall make no representations or warranties, or give any opinions, regarding quality, color, grade, clarity, price, value, or any other characteristic of the item, other than that the item substantially conforms with the Seller’s listing of the item or does not substantially conform with the Seller’s listing of the item
(x) If the Gemologist determines and advises For Richer that the item substantially conforms with the Seller’s listing of the item, For Richer shall insure (with Buyer listed as the insured) and deliver the item, using a national shipping carrier such as UPS, FedEx, or the United States Postal Service, at your expense, and with you listed as the insured party if applicable, to the shipping address provided by you during the purchase of the item;
(xi) If the Gemologist determines and advises For Richer that the item does not substantially conform with the Seller’s listing, For Richer shall notify you within three (3) days of receipt of the Gemologist’s determination, including any reasoning or explanation given by the Gemologist regarding the determination, if given, and you shall have ten (10) days to either proceed with the transaction or rescind the purchase. If For Richer does not receive a decision in ten (10) days regarding whether to proceed with the transaction or rescind the purchase, For Richer shall deem the purchase rescinded and return the item to the seller;
(xii) Once either (a) the Gemologist has determined that the item substantially conforms to the listing by the seller, or (b) you decide to proceed with the transaction after being notified that the Gemologist determined that the item did not substantially conform to the listing by the seller, the item will be shipped to you at your expense (shipping having been paid at the time of purchase), and you shall be responsible for any loss or damage of the item;
(xiii) You will not carry out any sales via private message as a means to avoid For Richer’s transaction fees. Any other efforts to move sales initiated on For Richer off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on the Site, but consummated off-site will not be subject to any of For Richer's policies or protections. For Richer reserves the right to charge its fee for any transaction initiated on the Site and completed off-site. You waive any and all claims against For Richer for such fee.
(xiv) Any dispute or complaint regarding an item shall be your sole responsibility, and you agree to indemnify and hold harmless For Richer and the Gemologist from any and all claims, suits, complaints, damages, or other liability arising from your purchase of any item(s) on the Site.
2. Membership
(A) Age: For Richer is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, For Richer's services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. For Richer may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use For Richer's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities.
(B) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by For Richer's policies as stated in these Terms of Use as well as all other policies and procedures that may be published from time to time on the Site by For Richer, each of which is incorporated herein by reference and each of which may be updated by For Richer from time to time without notice to you. To the fullest extent permitted by law, you hereby waive any and all claims and rights with respect to notice of changes to the Terms of Use or other associated policies. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by For Richer from time to time; your use of such services is subject to those additional terms, conditions and policies, which are incorporated into this Agreement by this reference.
(C) Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify For Richer of any unauthorized use of your password or any breach of security. You also agree that For Richer cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Except for password managers used in accordance with best practices, you agree not to provide your username and password information in combination to any other party other than For Richer without For Richer's express written permission.
(D) Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on For Richer you must provide and maintain valid payment information such as valid credit card information, contact information and/or a valid PayPal account.
(E) Account Transfer: You may not transfer or sell your For Richer account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
(F) Right to Refuse Service: ACCESS TO FOR RICHER’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT FOR RICHER’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS FOR RICHER’S SITE. For Richer will terminate any user who it determines is providing services competitive to For Richer through the Site. For Richer's services, and all accesses to the Site, are not available to temporarily or indefinitely suspended For Richer members. Additionally, For Richer reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account for any reason, without notice, and without any right to cure.
3. Fees and Services
Joining and setting up an account with For Richer is free. For Richer does not charge fees to list an item for sale. For Richer does charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Changes to these Terms and the fees for For Richer's services are effective immediately after posting the changes on the Site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. For Richer may also choose to temporarily change any policies or fees for For Richer's services for promotional events (for example, free listing days); such changes are effective when For Richer posts the temporary promotional event on the Site or otherwise notifies you of the change.
Fees and Termination: If For Richer terminates a listing or your account, if you close your account, or if the payment of your For Richer fees cannot be completed for any reason, you remain obligated to pay For Richer for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT FOR RICHER MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES OR BALANCES AND WAIVE ANY AND ALL CLAIMS AGAINST FOR RICHER FOR EXERCISING THIS RIGHT (INCLUDING, FOR EXAMPLE, USING YOUR CONTACT INFORMATION TO AID IN COLLECTING PAYMENT). If you have a question or wish to dispute a charge, contact For Richer.
4. Content License
(A) Your Content: For Richer does not claim ownership rights in content you place on the Site or in your listings or provide to For Richer to place on the Site or in your listings (the “Content”). You grant For Richer a license solely to enable For Richer to use any information or Content you supply For Richer with, so that For Richer is not violating any rights you might have in that Content. You grant For Richer a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights and any other rights necessary to effectuate For Richer's ability to use the content consistent with this license that you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow For Richer to store or re-format your Content on For Richer and display your Content on For Richer in any way as For Richer chooses. For Richer can also use any transactional information including sale date and final price for sales completed on For Richer as it sees fit.
(B) Personal Information: For Richer will only use personal information in accordance with For Richer's Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another For Richer user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for For Richer-related communications. For Richer has not granted you a license to use the information for unsolicited commercial messages or for any other purpose. Without limiting the foregoing, without express consent from the user, you are not licensed to add any For Richer user to your email or physical mail list. For more information, see For Richer’s Privacy Policy.
(C) Re-Posting Content: By posting Content on For Richer, it is possible for an outside website or a third party to re-post or index that Content. You agree to hold For Richer harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own For Richer-hosted image on another website, the image must provide a link back to its listing page on For Richer.
(D) Idea Submissions: For Richer considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and For Richer shall not be liable for the disclosure or use of such Material. If, at For Richer's request, any member sends Material to improve the site (for example through the Forums or to customer support), For Richer will also consider that Material to be non-confidential and non-proprietary and For Richer will not be liable for use or disclosure of the Material. Any communication by you to For Richer is subject to this Agreement. You hereby grant and agree to grant For Richer, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display, publicly distribute, create derivative use from, publish and in all other ways exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
5. Information Control
For Richer does not control the Content provided by users that is made available on For Richer. You may find some Content to be offensive, harmful, inaccurate, or deceptive. For Richer users must be eighteen or over, but there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using For Richer, you agree to accept such risks and expressly agree that For Richer (and For Richer's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on For Richer. Please use caution, common sense, and practice safe buying and selling when using For Richer.
Other Resources: For Richer is not responsible for the availability of outside websites or resources linked to or referenced on the Site. For Richer does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that For Richer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
6. Disputes, Arbitration, Class Waiver, Waiver of Claims and Venue
(A) JAMS: In the event a dispute arises between you and For Richer, please contact For Richer. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Davidson County, Tennessee, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected by For Richer from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorney’s fees, expert witness fees and all other expenses) incurred in connection therewith.
(B) Class Action and Collective Action Waiver: The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The tribunal shall rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate.
(C) Enforcement of Arbitration Judgment: Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
(D) Jurisdiction and Venue: For all purposes of any injunctive or equitable proceeding, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Davidson County Tennessee or the Middle District of Tennessee. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
(E) Limitations Period: You and For Richer agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You waive any claims beyond such time, regardless of applicable statutes of limitations.
(F) Intra-User Disputes: Should you have a dispute with one or more users, or an outside party, YOU RELEASE FOR RICHER (AND FOR RICHER'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. For Richer encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
For Richer, for the benefit of users, may try to help users resolve disputes. For Richer does so in For Richer's sole discretion, and For Richer has no obligation to resolve disputes between users or between users and outside parties. To the extent that For Richer attempts to resolve a dispute, For Richer will do so in good faith based solely on For Richer's policies. IN THE EVENT FOR RICHER INVOLVES ITSELF IN A DISPUTE BETWEEN CUSTOMERS, YOU EXPRESSLY WAIVE AND RELEASE FOR RICHER (AND FOR RICHER'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DISPUTE.
If you do not respond to For Richer's inquiry regarding a dispute within forty-eight (48) hours, For Richer reserves the right to resolve the dispute at its discretion and you agree that any such resolution will be binding on you.
(G) Feedback: FOR RICHER WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE, UNREASONABLY INFLAMMATORY OR OTHERWISE IN VIOLATION OF FOR RICHER POLICIES AS DETERMINED BY FOR RICHER IN ITS SOLE DISCRETION. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK.
(H) Full Waiver: YOU EXPRESSLY WAIVE AND RELEASE FOR RICHER (AND FOR RICHER'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES OR YOUR USE OF THE SAME.
7. Financing Vendors/Layaway
From time to time For Richer may offer financing options and alternatives through certain third party vendors (“Financing Vendors”). You acknowledge that to the fullest extent permitted by law, these Financing Vendors are not agents of For Richer and For Richer is not bound by the representations, promises, warranties or guarantees provided by any Financing Vendors. By using the Site you hereby waive and release any and all claims against For Richer that arise out of your use of, or the services of, any Financing Vendors. You are also bound by the terms and conditions imposed by the Financing Vendors.
For Richer does not support layaway transactions. If you engage in an offsite layaway plan, For Richer will mark the item as paid and the seller will be solely responsible for tracking and enforcing the order.
8. Email, Text and Fax Communications
By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with For Richer and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from For Richer. You hereby expressly consent to communications of any kind from For Richer to the fullest extent permissible by law.
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you will receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages, or by reaching out to For Richer. Please note that some changes to your account settings may take a few days to take effect.
9. For Richer's Intellectual Property
For Richer, and other For Richer graphics, logos, designs, page headers, button icons, scripts, and service names are registered or common law trademarks, service marks or trade dress of For Richer or its affiliated companies in the U.S. and/or other countries. For Richer's trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of For Richer.
10. Access and Interference
For Richer may contain robot exclusion headers which contain internal rules for software usage. Much of the information on For Richer is updated on a real-time basis and is proprietary or is licensed to For Richer by For Richer's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access For Richer for any purpose whatsoever, except to the extent expressly permitted by For Richer with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in For Richer's sole discretion, an unreasonable or disproportionately large load on For Richer's infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user Content, including via use of plug-ins, extensions, applications or scripts that interfere with the Content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass For Richer's robot exclusion headers or other measures For Richer may use to prevent or restrict access to For Richer.
11. Breach of For Richer Terms of Use and Policies
Without limiting its legal recourse or any other remedies, For Richer may, without notice, and without refunding any fees, delay or immediately remove Content, warn For Richer's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user for any reason, including, for example if any of the following apply: (a) For Richer suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, including the Privacy Policy or other policies and community guidelines incorporated herein; (b) For Richer is unable to verify or authenticate any of your personal information or Content; (c) For Richer believes that a user is acting inconsistently with the letter or spirit of For Richer's policies; or (d) For Richer believes a user has engaged in improper or fraudulent activity in connection with For Richer or the actions may cause legal liability or financial loss to For Richer's users or to For Richer. Notwithstanding the foregoing, For Richer retains the right to suspend or terminate a user without cause at For Richer’s sole discretion. Use of the Site is a privilege, not a right.
12. No Warranty
FOR RICHER IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SITE OR SERVICES SOLELY AT YOUR OWN RISK.
FOR RICHER’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE FOR RICHER’S SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. FOR RICHER’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FOR RICHER SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
IN NO EVENT SHALL FOR RICHER, AND (AS APPLICABLE) FOR RICHER’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, FOR RICHER’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. FOR RICHER’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF FOR RICHER’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO FOR RICHER IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD FOR RICHER AND (AS APPLICABLE) FOR RICHER'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, 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 THIS AGREEMENT, THE PRIVACY POLICY, OTHER POLICIES OR RULES OF FOR RICHER, OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
15. No Guarantee of Continuous Service
For Richer does not guarantee continuous, uninterrupted access to the Site and no representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside For Richer's control.
16. Copyright Policy & Intellectual Property Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Additional laws apply to trademark rights and other types of rights in the U.S. and worldwide. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining all necessary prior written consents of the owner(s) of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website by a user in a way that constitutes copyright infringement, or you are reporting other intellectual property issues, please contact For Richer's DMCA agent who can be contacted at dmca@forricherjewelry.com.
17. Trademarks for Modified Items
Users of the Site who engage in modifications of jewelry or other items sold on the Site may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner, but For Richer will apply its intellectual property policy in the enforcement of legitimate trademarks. As a user, you are prohibited from using trademarked names or logos without all necessary written permission(s) from the trademark owner(s).
18. For Richer Sites
By utilizing For Richer Sites (including the For Richer App), you acknowledge that For Richer is providing the infrastructure and platform for your website, but maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the For Richer Sites user. You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your For Richer Site.
19. Your Responsibility for Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any For Richer service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on For Richer's net income). This includes sales taxes applicable in each state, depending on the threshold required for collection. For Richer cannot provide tax advice. Please contact your tax professional to determine whether or not you have sales tax liability. This responsibility includes applicable customs and fees for import and export sales; For Richer assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through For Richer. If you complete 200 transactions or more and receive over $20,000 in gross income from the Site, exclusive of For Richer's fees, you will receive a Form 1099 from For Richer and be obligated to pay income tax on your earnings. For Richer is not responsible, in any manner, for paying taxes on your earnings or your use of the Site.
20. Proposition 65 - California
The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products. Notice Parties are encouraged to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
We encourage all For Richer users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents. You can include warnings in your item descriptions on For Richer. You agree to indemnify and hold For Richer harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.
21. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
22. No Agency
You and For Richer are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
23. Modification of Service or Terms and Policies
For Richer reserves the right to modify or terminate the For Richer service for any reason, without notice, at any time, to the maximum extent permitted by law. For Richer reserves the right to alter these Terms of Use, including the Privacy Policy or other Site policies at any time, so please review the policies frequently. Your continued use of the Site will act as your unqualified acceptance of any changes to the Terms and Policies, regardless of actual notice.
24. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Tennessee, excluding its conflicts of laws rules, and the United States of America.
25. Sanctioned Countries, Politically Exposed Persons and Endangered Species
For Richer does not support transactions with any Politically Exposed Persons, as defined by the Financial Action Task Force and/or Article 52 of the United Nations Convention against Corruption. Additionally, listings with brand new items made in Sanctioned Countries, as defined and listed by the United States Treasury Department’s Office of Foreign Asset Control, will be removed, if found. Used items that were made in the Sanctioned Countries may be allowed, provided they do not violate any other Terms of Use. Decisions will be made at the sole discretion of For Richer. Any items made from materials derived from endangered species will be removed if found on the Site.
26. Survival
All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.
27. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to For Richer; Attn: Legal; 901B Virginia Ave., Nashville, TN 37216 (in the case of For Richer) or, in your case, to the email address you provide to For Richer (either during the registration process or when your email address changes), by notice posted to your user dashboard or by notice posted to the Site. Notice shall be deemed given 24 hours after email is sent or notice is posted. Alternatively, For Richer may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to For Richer. In such case, notice shall be deemed given three days after the date of mailing.
28. Disclosures
The services hereunder are offered by SBBL, LLC, located at 901B Virginia Ave Nashville, TN 37216.