Terms Of Use

These Terms Of Use (“Terms”) govern your access to and use of James Avery Artisan Jewelry’s official website (www.jameseavery.com, including all content, features, and services available on or through the website, collectively “the Site”). By accessing or using the Site, you (“you” or “User”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Terms Of Purchase (where applicable). If you do not agree to these Terms, you may not access or use the Site.

1. Eligibility to Use the Site

  • To use the Site, you must be at least 13 years of age. If you are between 13 and 17 years of age, you may use the Site only with the supervision and consent of a parent or legal guardian, who shall be responsible for your compliance with these Terms.
  • By using the Site, you represent and warrant that you have the legal capacity to enter into these Terms (or that your parent/legal guardian has such capacity and consents to these Terms on your behalf).

2. Account Registration & Management

  • Account Creation: To access certain features of the Site (e.g., placing orders, saving favorite products, tracking order history), you may need to create a user account. When creating an account, you must provide accurate, complete, and current information (including your name, email address, and password) and update such information promptly if it changes.
  • Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to notify us immediately at service@jameseavery.com if you suspect any unauthorized access to or use of your account. We shall not be liable for any loss or damage arising from your failure to protect your account credentials.
  • Account Termination: We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or unlawful activity, or for any other legitimate business reason. You may also delete your account by contacting our customer service team.

3. Permitted Uses of the Site

You may use the Site only for lawful, personal, and non-commercial purposes that are consistent with these Terms, including:
  • Browsing product listings, reading product descriptions, and learning about James Avery Artisan Jewelry’s products and services.
  • Creating an account to place orders (subject to our Terms Of Purchase), track order status, and save preferences.
  • Contacting our customer service team for assistance with orders, products, or account-related questions.
  • Signing up for promotional communications (if you opt in to receive them) and managing your communication preferences.

4. Prohibited Uses of the Site

You agree not to use the Site for any unlawful, fraudulent, or unauthorized purpose, or in any way that could damage, disable, overburden, or impair the Site. Specifically, you shall not:
  • Use the Site to submit, post, or transmit any content that is false, misleading, defamatory, obscene, harassing, discriminatory, or violates the rights of others (including intellectual property rights, privacy rights, or publicity rights).
  • Attempt to access, modify, or disrupt any part of the Site (including servers, databases, or network infrastructure) through unauthorized means (e.g., hacking, malware, or automated scripts like bots, spiders, or scrapers).
  • Reproduce, distribute, modify, display, or create derivative works of any content on the Site (including product images, descriptions, logos, and brand names) without our prior written permission.
  • Use the Site to sell, rent, or promote third-party products or services, or to engage in spamming, phishing, or other malicious activities.
  • Violate any applicable laws, regulations, or third-party agreements in connection with your use of the Site.

5. Intellectual Property Rights

  • All content on the Site, including but not limited to product designs, images, photographs, text, logos, trademarks, service marks, and software (collectively “Intellectual Property”), is owned by James Avery Artisan Jewelry or its licensors and is protected by United States and international intellectual property laws.
  • The “James Avery Artisan Jewelry” name and logo, as well as other brand names or slogans used on the Site, are trademarks of James Avery Artisan Jewelry and may not be used without our prior written consent.
  • Nothing in these Terms grants you any right to use our Intellectual Property except for the limited, non-exclusive, revocable right to access and use the Site for permitted purposes as outlined in Section 3.

6. Site Content & Availability

  • Content Accuracy: We strive to ensure that all content on the Site (including product descriptions, pricing, and availability) is accurate and up-to-date, but we do not warrant or guarantee the accuracy, completeness, or timeliness of such content. Product images are for illustrative purposes only, and actual products may vary slightly (as noted in our Terms Of Purchase).
  • Site Availability: We endeavor to keep the Site accessible 24/7, but we do not guarantee that the Site will be error-free, uninterrupted, or available at all times. We may temporarily suspend access to the Site for maintenance, updates, or technical issues without prior notice, and we shall not be liable for any loss or inconvenience arising from such suspensions.

7. Third-Party Links & Content

The Site may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors, or affiliate sites). These third-party links are provided for your convenience only, and we do not endorse, control, or assume responsibility for the content, privacy practices, or terms of use of any third-party site.
  • By accessing a third-party link, you leave the Site and do so at your own risk. We recommend reviewing the privacy policy and terms of use of any third-party site before using it.
  • We shall not be liable for any loss or damage arising from your use of third-party sites or content.

8. Disclaimer of Warranties

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. JAMES AVERY ARTISAN JEWELRY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
  • We do not warrant that the Site will be secure, free of viruses or other harmful components, or that it will meet your specific needs or expectations. Any reliance you place on the Site or its content is at your own risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JAMES AVERY ARTISAN JEWELRY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, OR GOODWILL) ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • Our total liability to you for any claims arising from these Terms or your use of the Site shall not exceed $100 USD, regardless of the nature of the claim.

10. Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we make changes, we will post the revised Terms on the Site (replacing the previous version). The revised Terms will take effect immediately upon posting.
  • Your continued access to or use of the Site after the revised Terms are posted constitutes your acceptance of the changes. We encourage you to review these Terms periodically to stay informed of any updates.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, United States, without regard to its conflict of law principles. Any disputes arising from or related to these Terms or your use of the Site shall be resolved in accordance with the governing law of Massachusetts.

12. Contact Us

If you have any questions, concerns, or disputes regarding these Terms or your use of the Site, please contact our customer service team:
  • Email: service@jameseavery.com
  • Mailing Address: 36 Heritage Road, Quincy, Massachusetts 02169, United States