CONDITIONS AND TERMS OF USE (TOS)

 1. ACCEPTANCE OF TERMS
Welcome to the www.silver-garden-jewelry.com website.  "www.silver-garden-jewelry.com ", “we” and “us” are defined as Silver Garden Jewelry carrying on business under the name Silver Garden Jewelry.  By continuing to use the Silver Garden Jewelry website you agree to the following Terms of Service ("TOS"), which we may update or revise from time to time. Some Silver Garden Jewelry services may from time to time feature posted guidelines or rules applicable to those services, which are hereby incorporated by reference into this TOS.   

2. DESCRIPTION OF SERVICE 

The Silver Garden Jewelry Web site currently provides access to online information and services for  (the "Service"). Unless explicitly stated otherwise, the TOS will apply to any new features of or enhancements to the current Service. The Service is provided "AS-IS" and "AS-AVAILABLE" for your use, and Silver Garden Jewelry is not responsible for the timeliness, deletion, or mis-delivery of any part of the Service.

 3. YOUR REGISTRATION OBLIGATIONS

If you register with us, you agree to provide true, accurate, current and complete information about yourself.  Silver Garden Jewelry has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if Silver Garden Jewelry reasonably suspects that you have provided untrue, inaccurate, not current or incomplete information.  

4. LAUNCHPAD PRIVACY POLICY

The collection and use of your personal information by Silver Garden Jewelry is subject to our Privacy Policy, which can be found at:
www.silver-garden-jewelry.com/shop/privacy.php.
Our Privacy Policy complies in all respects with all and Canadian privacy laws, and should be interpreted at all times to ensure that compliance.

 5. CONDUCT

You agree not to:   use or to permit or facilitate others to use the Service by automated electronic processes, "robots," "spiders," "scrapers," "webcrawlers," or other computer programs that monitor, copy, or download data or other content found on or accessed through the Service;
            upload, post, email, transmit or otherwise make available any topic, name, material, or information that is unlawful, harmful, threatening, abusive, harassing, tortious, profane, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
            interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
            collect or store personal data about other users; or   create a frame, browser or border around any of the content of the Service or link to the Service without our prior express written permission.  

6. INDEMNITY  

You agree to indemnify and hold Silver Garden Jewelry and its subsidiaries, affiliates, officers, agents, co-branders, service providers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.  

7. NO RESALE OF SERVICE  

Except with our prior expressed written permission, your use of the Service and access to our web site is solely limited to your personal and non-commercial use for viewing the Service, on a single machine using a conventional web browser without the aid of automatic electronic processes, "robots," "spiders," "scrapers," "webcrawlers," or other automatic devices or computer programs or processes that monitor, copy, or download web pages, data or other content.  Our web site contains robot exclusion headers.  You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our web site or any activities conducted on our website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our web site's infrastructure. You agree not to reproduce, duplicate, copy, modify, create derivative works, publicly display, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without our prior expressed written consent.  

8. MODIFICATION AND TERMINATION OF SERVICE  

We reserve the right to modify or terminate the Service (or any part thereof), temporarily or permanently, at any time and from time to time, and with or without notice.  We reserve the right, in its sole discretion, to terminate your password, account (or any part thereof) or access to or use of the Service, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the TOS, and you agree that we may do so without prior notice. You also agree that we will not be liable to you or to any third party for any modification or termination of the Service.

9. DEALINGS WITH THIRD PARTIES  

If you engage in business dealings with thirty parties found on or through the Service, you and such third parties are solely responsible for compliance with any terms, conditions, warranties, representations, or liabilities associated with such dealings. We shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or because we allowed such persons to be present on the Service.  

10. LINKS  

The Service may contain links to other third party Web sites or resources.  We have no control over such sites and resources, and you acknowledge and agree that we bear no responsibility for the availability of such external sites or resources, does not endorse, and bears no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and we also bear no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party Web site or resource.  

 11. SILVER GARDEN JEWELRY ‘S PROPRIETARY RIGHTS  

 You acknowledge and agree that Silver Garden Jewelry, and/or its suppliers, own the Service (including, without limitation, any general or specialized user interface, and all content on the site) and any software used in connection with the Service ("Software") and that the Service and the Software are protected under applicable intellectual property and other laws. You also acknowledge and agree that content contained in the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unless Silver Garden Jewelry provides express written authorization, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the whole or any part of the Service, the Software, or content on the Service.  

12. DISCLAIMER OF WARRANTIES  

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

 A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  Silver Garden Jewelry EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.  

 B. SILVER GARDEN JEWELRY MAKES NO CLAIM THAT THE SERVICE WILL BE SUITABLE TO YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE. THE SERVICE MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE.  SILVER GARDEN JEWELRY MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.  SILVER GARDEN JEWELRY MAKES NO CLAIM THAT IT WILL CORRECT ERRORS IN THE SOFTWARE.  IN THE EVENT THAT THE SOFTWARE OR THE SERVICE DOES NOT CAPTURE, RETAIN, OR RELIABLY RECORD ANY INFORMATION, SILVER GARDEN JEWELRY WILL HAVE NO LIABILITY WITH RESPECT TO THAT FAILURE. 

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH LAUNCHPAD OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EITHER YOU OR SILVER GARDEN JEWELRY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, SERVICE PROVIDERS, EMPLOYEES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF  SILVER GARDEN JEWELRY AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE AVAILABILITY OR PERFORMANCE OF THE SERVICE; (II) THE COST TO OBTAIN SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING ANY STATEMENTS OR CONDUCT THAT MAY BE THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, ILLEGAL, OR INFRINGING; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU AND ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

14. NOTICE

Silver Garden Jewelry or the Service may provide notices to you via either email or regular mail, and the Service may provide notices of changes to the TOS or other matters by displaying notices or links to notices generally on the Service.

15. TRADEMARK INFORMATION

The Silver Garden Jewelry trademark and service mark, and other logos and product and service names on the Silver Garden Jewelry Web site are trademarks of Silver Garden Jewelry (the "Marks"). Rights in the Marks belong to Silver Garden Jewelry.  Without Silver Garden Jewelry's prior written permission, you agree not to display, or use in any manner, the Marks.

16. COPYRIGHTS and COPYRIGHT AGENTS

The following information is provided below so that you may notify Silver Garden Jewelry if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated. You must provide written notification to Silver Garden Jewelry's Designated Agent for claims of copyright or other intellectual property infringement, who can be reached as follows:

By mail:
Silver Garden Jewelry
99 Atlantic Ave.
Suite 400
Toronto, ON
M6K3J8

By email: info@silver-garden-jewelry.com

Such written notification must include the following to be effective: