Terms of Use
Welcome to gorjana.com! Please take a few minutes to carefully review these Terms of Use and the Privacy Policy, which is hereby incorporated into these Terms of Use. PLEASE NOTE THESE TERMS INCLUDE AN ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY WAIVER.
gorjana.com (the "Website") is owned and operated by Gorjana & Griffin, Inc. ("gorjana"). BY ACCESSING OR USING THIS WEBSITE, YOU ARE AGREEING TO FOLLOW THESE RULES AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS IN THESE TERMS OF USE OR IN THE PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE.
gorjana reserves the right to change these Terms of Use from time to time without prior notice. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of this Website following the effective date of changes to these Terms or other policies means you accept and consent to the changes.
The Website is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Website and the services offered by the Website are not available to minors. If you do not qualify, stop using the Website immediately.
USE OF WEBSITE
Subject to your compliance with these Terms of Use, gorjana allows you to access and make personal and non-commercial use of the Website.
You may not use the Website for any resale or commercial use, including without limitation, the use of any information, services or Content (as defined below) on the Website, such as product listings, descriptions, or pricing.
You may not make any derivative uses of any information, service or Content on the Website; you may not download or copy any information, service or Content on the Website for the benefit of a third party or, use data mining, robots, bots, or similar data gathering, data scraping or extraction tools.
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted through the Website.
You agree that you will not use this Website, or any of its Content or services for any illegal or prohibited purpose.
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You are also prohibited from accessing data not intended for you or logging onto an account that you are not authorized to access; attempting to breach our security measures; interfering in any way with the use of or access to the Website; attempting to decipher, decompile, disassemble or reverse engineer any software used by or on our Website; or using any engine, software, tool or other mechanism, including without limitation, browsers, spiders or robots, to navigate or search our Website.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.
The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
All rights not expressly granted to you in these Terms of Use are reserved and retained by gorjana.
YOUR ACCOUNT
In order to make a purchase, it is recommended to create an account. See the Privacy Policy for information on how we use information you provide to create and manage an account. Creating an account allows you to save shipping and billing information for speedy checkout, check order status, review order history, create product wish lists to view online, and manage subscriptions.
For your convenience, you may also log in and complete payment using alternative supported platforms.
You are solely responsible for maintaining the confidentiality of your account and password and maintaining your account privacy settings, and you agree to accept responsibility for all activities that occur under your account or password.
ELECTRONIC COMMUNICATION
By using the Website, or by sending us emails, you are consenting to receive communications from us electronically. We may communicate with you by e-mail, or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You can unsubscribe from any marketing communications we send by following the unsubscribe instructions
INTELLECTUAL PROPERTY OWNED BY gorjana & griffin
All content made available through the Website, including but not limited to text, information, pricing, graphics, descriptions, copy, page headers, artwork, photographs, images, logos, button icons, audio clips, video clips, data compilations and other content located on the Website (each and collectively, “Content”), is the property of gorjana and is protected by California, U.S.A. and international laws. The Website, portions thereof, and all Content are protected by copyright laws and may not be copied, modified, reproduced, posted, downloaded, transmitted, displayed, broadcast or distributed in any way, in whole or in part, without the prior written consent of gorjana.
In addition, unless otherwise noted as belonging to a third party, all trademarks, service marks, trade dress, logos and icons on the Website are the exclusive property of gorjana. All other intellectual property and company names used on this Website not owned by gorjana are the property of their respective owners.
Nothing in these Terms of Use or any other language on this Website is intended to create a license or give you any right to use any of the intellectual property or content on this Website without the express written consent of gorjana. gorjana actively enforces its intellectual property rights to the fullest extent of the law.
PAYMENTS
To the extent that you access external websites through our Website, or through a link on our Website for the purpose of payment processing, those entities may have their own terms, conditions, privacy policies, data collection, and use and disclosure practices.
If you elect to receive marketing text messages from gorjana, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) or third parties on our behalf sent through an automatic telephone dialing system to the mobile numbers that you provide. These may include cart abandon messages and service-related messages. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Message frequency varies. This service is optional and is not a condition for purchase.
You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email customercare@gorjana.com.
In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis.
Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. Except as may be required or permitted by law, information regarding your SMS opt-in data or consent status will not be sold, rented, or traded by us to third parties without your prior consent. We may disclose such information to our service providers or third parties for the purpose of fulfilling our obligations to you or as otherwise set forth in our Privacy Policy. For more information on how we use telephone numbers, please read our Privacy Policy.
You represent that you are the account holder for the mobile telephone number(s) that you provide. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures. IF YOU FAIL TO NOTIFY US OF A CHANGE, YOU AGREE TO INDEMNIFY US IN FULL FOR ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR CAUSED IN WHOLE OR IN PART BY SUCH FAILURE, INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT.
By signing up for our text messaging program and providing your mobile telephone number, you accept and agree to be bound by these SMS Communication Terms, the Website Privacy Policy and the Website Terms and Conditions. We reserve the right to terminate the text message program, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts you receive.
INFORMATION PROVIDED TO THE COMPANY OR POSTED AT ANY COMPANY WEBSITE
We do not claim ownership of the materials or information you provide to us (including feedback and suggestions) or post, upload, input or submit to our Website (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of the Website and its businesses including, without limitation, the rights to: utilize, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission, except to the extent prohibited by law. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall be entitled to unrestricted use of the Submissions for any purpose without compensation to the provider of the Submissions. All personal information provided to this Website will be handled in accordance with the Website’s online Privacy Policy, the terms of which are incorporated into the Terms.
APPLICABLE LAWS AND JURISDICTION
By purchasing goods from this Website, you agree that the offer and sale of those goods takes place in, and will be governed by the laws of the State of California.
User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. We make no representation that the Website is appropriate or available for use outside the United States, and access to the Website from territories where its content is illegal is prohibited. If you choose to access the Website from outside the United States, you are responsible for compliance with applicable local laws.
PRODUCT AND PRICING INFORMATION; ERRORS AND OMISSIONS
Information on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product descriptions, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order).
Prices and availability of products on the Website are subject to change without notice. The Website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on the Website may be incorrectly priced. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. Please be aware that Sale and Off Price Items all sales are final and no pricing adjustments will be granted.
We have made every effort to display the colors of our products accurately as they appear on the Website. However, because the colors you see will depend on a number of factors, including your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free. If a product offered by the Website is not as described, your sole remedy is to return it in unused condition for a refund, subject to the return policies described above.
RIGHT TO CANCEL ORDERS
We reserve the right to cancel or modify purchases or enrollment in activities and promotions when we reasonably believe that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the purchases or reservations contain or resulted from a mistake or error.
MOBILE
The Website contains services and features that are available to certain mobile devices. Your carrier's normal rates and fees apply. Not all mobile services or features on our website will work with all carriers or devices. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
Please note the Terms apply to your use of any version of our mobile application (“App”). If you do not agree to these Terms, you must uninstall the App. If the event we terminate your access to the App, you agree to immediately uninstall the App. Please note that our App may not be compatible with your device or mobile carrier. You are responsible for all mobile, data, or other charges or costs you incur, including but not limited to charges related to downloading, installing, accessing and or using the App. We reserve the right in our sole discretion to make changes, updates or corrections to the App, cease providing certain features, impose usage limitations or stop providing the App at any time. If you download and/or use our App for an iPhone or iPad, these Terms incorporate by reference the Apple Inc. Licensed Application End User License Agreement. You must also comply with any applicable third-party agreement when using the App, including your mobile services agreement.
Our App may collect personal and other information as described in the Privacy Policy that will be used or disclosed in accordance with the Privacy Policy. We provide a link to this Policy to persons prior to their downloading of any of our App. For information on the data we collect through the App, how we use it and with whom we share it, please see our Privacy Policy.
If you allow our mobile App to access your location information on your device, our mobile App may use your mobile device’s Global Positioning System (GPS) technology and other technology (such as wireless transmitters known as beacons) to provide you with information and offers based on the location of your device. Beacons allow us to collect information about your location within participating properties by communicating with mobile devices in range. We may use this location information to enhance your experience by delivering push notifications and other content to your mobile device, providing navigation assistance as you move around our locations, and sending you information and offers about products, services, or activities we believe may be of interest to you.
We may share this information with third parties, including business partners and service providers, to provide information, offers, and services that may be of interest to you. You may prevent or limit the collection of location information by changing the settings in the App or by changing your device settings.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711).
We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Website or any website linked to the Website. We will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the Website, or otherwise connected with your use of the Website.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
This Website and any information, products, content, materials, and any services included on or made available to you through the Website are provided on an "as is" and "as available" basis.
GORJANA & GRIFFIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE, ITS CONTENT, ITS PRODUCTS OR ITS SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GORJANA & GRIFFIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES OFFERED THROUGH THE WEBSITE IS AT YOUR SOLE RISK.
IN NO EVENT WILL GORJANA & GRIFFIN BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE, FROM YOUR USE OF ANY GORJANA & GRIFFIN SERVICE, OR FROM ANY INFORMATION, PRODUCT, CONTENT, OR MATERIAL INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES OR DELAYS, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, OTHER ACTS OF NATURE, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, AND NON-PERFORMANCE OF THIRD PARTIES.
If there are any problems with the goods shipped to you (such as damage, wrong shipment, etc.), you agree that your rights are limited only to a refund of the price you paid for the damaged goods and that YOU WAIVE ALL OTHER CAUSES OF ACTION OF ANY TYPE OR NATURE OR REMEDIES.
You agree that we are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Website or any sites, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Website operating or not operating on computers or networks used by you or communicating with such computers or networks.
The Website does not sell products for purchase by children. We may, however, sell children's products for purchase by adults. The Website is not intended or directed to individuals under the age of 18. We reserve the right to refuse service to any person for any reason or for no reason at all.
gorjana does not warrant that the services, information, products, content, materials, or other services included on or otherwise made available to you through the Website, gorjana's servers or electronic communications are free of viruses or other harmful components.
If you are dissatisfied with this Website or any of its Content, or with these Terms of Use, your sole and exclusive remedy is to discontinue using this Website.
Any content provided with respect to any properties of any stone or jewelry piece or gorjana product are for entertainment purposes, not scientific and not to be treated as medical advice or relied upon for any purpose.
This DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY shall apply to the extent not prohibited by applicable law. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
To the residents of New Jersey, your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act. The provisions in the Limitations of Liability and elsewhere in this Terms of Use and our Privacy Policy may be different than the rights you might enjoy under the laws of New Jersey. Your rights regarding the Limitations of Liability and other provisions in our Terms of Use and Privacy Policy will be governed by applicable New Jersey law and not by the Terms of Use and Privacy Policy to the extent that the provisions are inconsistent with New Jersey law.
AVAILABILITY OF PRODUCTS AND SERVICES
The products and/or services described in and available through the Website may not be available in your country. We make no representation that the products or services offered on the Website are appropriate or available for use in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Website and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Website and must exit immediately. Your viewing and/or use of the Website constitutes your representation that you are unconditionally and without limitation permitted to view and use the Website and the Company and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person's or entities' directors, employees, contractors, agents, licensors and suppliers may rely upon such representation. The Website is operated from the United States and it is possible that some software from the Website or the products and services offered on the Website may be subject to United States export controls. Products and services described on the Website and software downloaded or otherwise exported or reexported from the Website are not intended for sale, download or export (i) into (or to a national or resident of any country that is subject to a U.S. or U.N. embargo or sanction or to anyone on the US Treasury Department's list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce Department's Table of Deny Orders. Downloading or using the software, products or services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.
ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY WAIVER
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR gorjana WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”), and we and you intend that this section satisfies the writing requirement of the FAA. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Website, (ii) any data or information you may enter into the Website or that we may gather in connection with such use or interaction, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Website, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Website, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms of Use or our Privacy Policy shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall act as the “Applicable Rules” in such circumstances). If the Minimum Standards of Procedural Fairness for Consumer Arbitrations is in effect, in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You further agree that:
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Use and/or these arbitration provisions, including but not limited to any claim that all or any part of these Terms of Use is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated. This means that you may not join or consolidate claims in arbitration or litigate in court as a representative or member of a class;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Furthermore if the arbitration clause is deemed inapplicable or unenforceable then you agree that any legal or equitable claim arising from your use of this Website, or use of our products or services, must be brought in the city, state or federal courts located in Orange County, California.
(h) Modification of Arbitration Clause With Notice. We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from your use of or interaction with the Website, or any data or information you may enter into the Website or that we may gather in connection with such use or interaction occurring after the effective date of such notification.
(i) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
(k) Jury Waiver. If for any reason a dispute or claim may proceed in court rather than in arbitration, each party to this agreement irrevocably waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to these terms or the site (whether based on contract, tort or any other theory), unless such waivers are unenforceable.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with gorjana.
GENERAL PROVISIONS
Indemnification: You agree to indemnify, defend and hold harmless the Company and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person's or entities' directors, employees, contractors, agents, licensors and suppliers (collectively, the "Indemnified Parties"), from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising or resulting in any way from any violation of these Terms, your use or activity on the Website, the services or products provided to you by of the Company through the Website or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of the Company or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws.
Without limiting the foregoing, if you cause a technical disruption of the Site or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Termination/Access Restriction/Suspension or Cancellation of Website: We reserve the right, in our sole and absolutely discretion, to terminate your access to the Website and the related services or any portion thereof at any time, for any reason, without notice to you. This includes but is not limited to instances where you may show disregard for the Terms or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion. If for any reason any portion of the Website is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Website, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any other individual or entity from using the Website, and to cancel, terminate, modify or suspend the Website or any portion thereof and void such information.
Severability: If any of the provisions under these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Captions: The captions contained in these Terms of Use and in the Privacy Policy are for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions of these Terms of Use or of the Privacy Policy.
Worldwide Applicability: The provisions of this Terms of Use are to apply worldwide.
OUR ADDRESS
gorjana
3275 Laguna Canyon Road, R1
Laguna Beach, CA 92651
EFFECTIVE DATE AND UPDATES
The effective date of these Terms of Use is March 4, 2021. We may update the Terms of Use at any time in our sole discretion. When it is updated, the updated Terms of Use will be made available on the Website for your convenience.