Terms and Conditions – Holly Zhang Pearl Gallery

TERMS OF WEBSITE USE

This Website is operated on behalf of “HZ Designer Jewelry LLC”, d/b/a “Holly Zhang Pearl Gallery”. Whenever we refer to the company “HZPG” or “Holly Zhang Pearl Gallery” in this Website, we are referring to HZ Designer Jewelry LLC.

These Terms of Use constitute the agreement (the “Agreement”) that will govern your use of this HZPG Website (this “Website”). This Website is available for your use only on the condition that you agree to these Terms of Use, all with the intention of making them legally binding upon you. YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THIS WEBSITE.

By using this Website, you agree to comply with and to be bound by the Agreement, including the privacy policy described below, and, when you make an online purchase, the purchase information. HZPG reserves the right to change these terms from time to time at its sole discretion. By using this Website after any such change, you agree to comply with, and be bound by, the terms as changed. HZPG grants to you a limited personal, nontransferable, non-sublicensable, revocable, worldwide license to access and make personal, non-commercial use of this Website. You may view, copy, print, and distribute limited quantities of material from this Website, as long as the material is used by you for information only and the material is used only for non-commercial purposes. HZPG reserves any rights not expressly granted by this Agreement.

SALES

No Resale:

Only those purchasing items for personal use by themselves or as gifts, and not for resale, may order items from this Website. HZPG reserves the right not to sell to any party purchasing items through this Website for the purpose of resale.

Accuracy:

HZPG strives to ensure that the colors, design, and style of the products that appear on this site reflect those of the actual product. However, variations caused by technical, typographical, digital, or photographic reasons may occur. HZPG will bear no responsibility for errors of any kind. Errors and the consequences of those errors may include, without limitation, any of the following: Product and service descriptions on this Website may vary from time to time, and typographical errors may occur, with the result that product and service descriptions may not be complete, current, or accurate. Any such typographical errors resulting in incorrect product or service information, including incorrect pricing information, may result in the failure to honor an order or request placed by you based on such incorrect information. Because actual colors and the representation you see on this Website will depend on your computer monitor and on other technical factors, HZPG will not guarantee that the display of any products will be accurate at any time.

Pricing Policy and Online Payment Methods:

HZPG reserves the right to change the prices of products and services featured on this Website at any time, without notice. If you place an order online, you will be charged the price indicated on the Online Store of this Website at the time of your online order. Payment for online orders is processed at the time of ordering. HZPG accepts VISA, MASTERCARD, DISCOVER, and AMERICAN EXPRESS cards. No checks, cash or money-order payments will be accepted for online purchases. An order placed will only be processed and shipped after all the information supplied is deemed verified and approval from the credit-card company has been received.

Existing HZPG merchandise credits or gift certificates may not be used for online purchases.

Availability:

Products and services described on this Website are available while supplies last. HZPG reserves the right to discontinue the production of any product, and to discontinue the offering or sale of any product or service at any time, without notice. HZPG will not guarantee that any particular product or service displayed on this Website will be available at any particular location, even if that location has been indicated as a source for that product or service. In the rare case in which an item may become unavailable after you have received confirmation of an order for it, HZPG will contact you, offering you the opportunity to order another item or to cancel your existing order.

INTELLECTUAL PROPERTY RIGHTS

All materials on this Website, and the Website itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by HZPG or its subsidiaries or affiliates or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Website, as well as the software used in the design and development of the Website. All rights are reserved, worldwide. The name and mark HZPG, the HZPG logos, the stylized letters HZ and HZPG, and all other HZPG-related marks depicted in this Website, whether registered or unregistered, are trademarks or service marks of HZPG in the United States and other countries. Nothing contained herein or on this Website shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark or other intellectual property of HZPG.

By using or accessing this website you signify your acknowledgment and assent to the Privacy Policy set forth below. If you do not agree to this policy, please do not use this Website. HZPG can revise this Privacy Policy at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check this policy periodically for changes. This policy is intended to help you understand how HZPG and its affiliates collect, use and safeguard the information you provide on this Website. This Privacy Policy does not apply to the use or disclosure of information that is collected or obtained by us through means other than this Website.

PERSONAL INFORMATION

There are cases where we collect personal information through our Website. When you place an order for a product, we collect the following personal information from you: name, contact information, shipping information, e-mail address, credit cardholder name, credit card number and expiration date. When you register or create an account through the Website, we collect the following personal information from you: name, contact information, billing address, shipping address, and e-mail address. HZPG also collects demographic information from visitors to the Website. We also use cookies (see more below) and track and store IP addresses so we can improve our services and enhance your HZPG experience. HZPG does not collect personal information from anyone under the age of eighteen. If you are under eighteen, please ask your parents to register and/or use the online store. Do not submit any personal information if you are under eighteen.

In case you change your mind or wish to update or delete your personal information, we will endeavor to correct, update or remove the personal data you give us. You can do this by contacting HZPG Customer Service at the contact points specified below.

Orders

As explained above, when you place an order for a product, we collect the following personal information from you: name, contact information, shipping information, e-mail address, credit cardholder name, credit card number and expiration date. This information is required so that we can authorize payment, process and fulfill your order and send an order or shipping confirmation, as well as notify you of your order status. All Internet transactions with HZPG are performed on a server that uses industry standard encryption technology to protect your credit card information from being read by unauthorized third parties.

Use and Storage of Personal Information

We use the personal information that is collected through our website to better serve our users, customize their shopping experience, and improve the content of our website. Any and all personal information that you provide will be used for marketing and promotional purposes, to review our performance and to improve our services to you, to communicate with you about your order, and for accounting, financial, or fraud prevention purposes; and will be used for these purposes by HZPG and its subsidiaries and affiliates. HZPG may share personal information provided by you within the HZPG organization. Further, in order to maintain our Website and provide for customer communications and other services, HZPG contracts with selected third parties, solely for the purpose of assisting HZPG in these endeavors and subject to contractual confidentiality obligations. We may share any and all personal information collected from you with such third parties, but do not otherwise disclose or sell your information to third parties, unless required by law, in connection with a legal claim or proceeding, or in those Special Cases set forth below.

We will send you announcements or communications by e-mail, text message, or phone only if you give us your permission by submitting your personal information—which constitutes your consent to contact you, including by means of an automatic telephone dialing system, with a prerecorded voice, or with automatic text or email messaging, unless and until you affirmatively revoke that consent by contacting HZPG as provided for below.

We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize our website content and advertising to deliver a better experience to our users.

SECURITY

We use security measures consistent with industry practice to protect the loss, misuse and alteration of the information under our control. While we use reasonable efforts to safeguard the confidentiality of your information, we cannot guarantee that electronic commerce is totally secure due to transmission errors, outside events, third party hacking or other causes, and you will not hold us responsible for any breach of security unless this is due to our willful failure or gross negligence. We will comply with all privacy laws and make any legally required disclosures regarding breaches of the security, confidentiality, or integrity of personal data consistent with our ability to determine the scope of a breach and our obligations to law enforcement.

COOKIES, WEB ANALYTICS AND TRACKING

As stated above, our web servers collect general data pertaining to each website user, including their IP address, domain name, referring web page and the length of time spent and the pages accessed while visiting this website. This web usage information is collected to help us manage and administer our website, improve the content of our website, to measure the effectiveness of our advertising, and customize and improve the website user experience. Web analytic information is gathered using the following methods: (1) cookies, (2) web beacons (a.k.a. clear gifs), (3) conversion tracking, (4) third party ad serving mechanisms, and (5) general detection and use of your internet protocol (IP) address or domain name. We do not combine any web usage information with information collected offline or from other sources.

A cookie is a small file stored on your computer by a website to give you a unique ID. Cookies used by this site do not contain any personally identifiable information, and we cannot identify a user from his/her cookie unless that user provides personal information voluntarily. If for any reason you don’t want to take advantage of cookies, you may have your browser not accept them, although this may disable or render unusable some of the features of our site.

Web Beacons

Web pages on this site or e-mail messages you receive from us may contain a small graphic image called a web beacon (sometimes called a web bug or clear gif). Web beacons are typically very small (generally 1-by-1 pixel) and invisible to the user, however any electronic image viewed as part of a web page or e-mail message, including an advertisement or HTML content, can act as a web beacon. Web beacons are designed to allow us or a third party to collect certain information and monitor user activity on our site. Collected information can include the IP address of the computer that the web beacon is sent to, the URL of the page the web user comes from, and the time the web beacon is activated (such as when you view the web page, advertisement, or e-mail that contains the web beacon).

Conversion Tracking

Search engines offer a feature called “conversion tracking” which is a way to track clicks to sales from either search results or ads on search engines. Using either web beacons or visible images, depending upon the search engine, the search engine notes and saves information in a cookie with non-personal information such as time of day, browser type, browser language, and IP address with each query. Information is gathered in the aggregate, without unique personal data. Conversion tracking allows the search engine company and HZPG to track clicks to sales, including the number of clicks (“visits”) it takes before a purchase is made and permits us to measure the effectiveness of our search engine participation.

SPECIAL CASES

HZPG reserves the right to disclose personal information in special cases, when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other HZPG website users, or anyone else that could be harmed by such activities. We may disclose personal information without notice to you in response to a subpoena or when we believe in good faith that the law requires it or to respond to an emergency situation.

Specific areas or pages of this website may include additional or different provisions relating to collection and disclosure of personal information. In the event of a conflict between such provisions and this Privacy Policy, such specific terms shall control.

CALIFORNIA DO NOT TRACK DISCLOSURE

This Website is not set up to respond to or account for a browser’s Do Not Track signal, or other signal regarding tracking of visitors over time and across third party websites.

RIGHTS UNDER CALIFORNIA CONSUMER PRIVACY ACT, AND INSTRUCTIONS FOR REQUESTS TO HZPG

California law permits users who are California residents to request and obtain from us, once a year, and free of charge, a list of the categories, uses, and pieces of personal information we have collected from them (and to request changes), and a list of the categories of personal information collected from them that we have disclosed or sold to any third-parties. While HZPG does not presently sell personal information provided by users of the Website, and has not sold such information within 12 months of the issuance of this revised policy, California residents may also have certain rights to opt out of sales of their information; and also have rights to demand that we delete personal information we have collected from them. California residents have the right not to receive discriminatory treatment for the exercise of the rights described above, pursuant to the California Consumer Privacy Act.

To make any such request or demand of HZPG, to revoke your consent for HZPG to contact you as provided for above, or to inquire further regarding HZPG’s privacy policies and practices, you may contact HZPG via:

email at Support@HollyZhang.com,
telephone at 1(425)449-8332, or
in store, at any HZPG retail location.

Upon receipt of such request or demand, HZPG is entitled to take reasonable steps to verify the identity of the requesting person. California residents with a password protected account will be required to log into their account to verify their identity. California residents without a password protected account may be required to provide up to three pieces of personal information to verify their identity, and for requests to know the information we have collected about them, may also be required to sign a declaration under penalty of perjury. California residents have the right to designate an Authorized Agent to make requests. An Authorized Agent will be required to submit evidence of their written permission to make a request, and must separately confirm their own identity. For requests to delete information, we use a two-step process, requiring a separate request to delete followed by confirmation.

CHANGES TO POLICY

HZPG reserves the right to change or update this policy, or any other policy or practice, at any time. If HZPG makes changes to this policy, it will post the revised policy on the Website and will modify the “Last Updated” date listed at the bottom of this page. Any changes or updates will be effective immediately upon posting to our Website, and your continued use of the Website constitutes your consent to the revised policy.

MISCELLANEOUS

Restrictions on Use:

This Website is protected by United States and international law, including copyright and trademark laws. This Agreement does not grant any license to modify, alter, or frame the materials on this Website that are viewed, downloaded, or otherwise accessed by you. Your license does not include: any right of resale or of commercial use of this Website or its contents; any derivative use of this Website or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with this Website. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials, and you must comply with any applicable end-user license agreements. You may not input or upload onto this Website any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept, or expropriate any system, this Website or its contents, or that infringes upon any intellectual-property rights of HZPG or any third party. Inappropriate and unauthorized inputs and uploads include Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines. You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material, or engaging in any kind of harassment activity via this Website or any Website linked to it.

No representations or Warranties:

WEBSITE AND THE CONTENTS OF THIS WEBSITE, AS WELL AS THE PRODUCTS MADE AVAILABLE THROUGH THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HZPG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS, OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS OR SUCH PRODUCTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. HZPG does not represent or warrant that the information contained in this Website is accurate, complete or up to date, that this Website is free of defects or that any defects will be remedied. You agree, by using this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this Website, and that HZPG shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this Website. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.

Limitation of Liability:

IN NO EVENT SHALL HZPG, ANY DIRECT OR INDIRECT SHAREHOLDER, AFFILIATE, OTHER RELATED ENTITY, SUBSIDIARY, JOINT VENTURE, PARTNER, ENTITY IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THIS WEBSITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE) OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION, OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR ANY OTHER ERROR, FAILURE, OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE. HZPG shall have no liability for the deletion of any communications or information collected, maintained, or transmitted by this Website or the failure to store any information, including personalized settings. HZPG shall have no liability with respect to any information posted by users on chat rooms, bulletin boards, or other user forums.

Submissions:

Any comments, suggestions, testimonials, endorsements, ideas, or similar material disclosed, submitted or posted by you on this Website or in connection with it will be considered non-confidential, non-proprietary and not personal either to you or to anyone else. By disclosing, posting, or submitting any such material, you grant to HZPG and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, edit, publish, translate, rework, distribute, and display that material without compensation or acknowledgment of source.

Modifications:

At any time, and without notice, HZPG may modify, update, or otherwise change any term of this Agreement or this Website. You agree that you are deemed to be apprised of, and that you are bound by, any such changes immediately upon its posting. We encourage you to visit this Website from time to time to review the current version of the Agreement.

Termination:

HZPG may, through its sole discretion, terminate or cancel your use of this Website or terminate or cancel this Agreement for any reason, without prior notice. Upon termination or cancellation of this Agreement, you will immediately discontinue use of this Website. Through its sole discretion, and at any time, HZPG may also discontinue providing this Website or any part of it, with or without notice. HZPG shall not be liable to you or any third party for any of the foregoing. Parts or all of this Agreement shall survive termination or cancellation of this Agreement and the termination or cancellation of your use of this Website.

Links to Other Websites:

Although this Website may contain links to other Websites, HZPG has no control over those linked Websites. You acknowledge and agree that HZPG is not responsible for the availability of those linked Websites or their content. HZPG provides links as a convenience and does not endorse the proprietors or content of any linked Websites, including any linked Website of any company related to HZPG, in control of it, or under common control with it. DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE.

Caching, Linking, and Framing by You:

HZPG prohibits caching of any portion of this Website and any unauthorized links to this Website and unauthorized framing of it. HZPG reserves the right to disable any unauthorized links or frames.

Jurisdiction, Choice of Law, and Arbitration:

All claims regarding this Website shall be governed according to the laws of the State of Washington, United States of America, without regard to its conflicts of law principles. HZPG makes no representations or warranties that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Any controversy or claim arising out of or relating to this Agreement, the Terms of Use or the Website shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon all awards rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in Bellevue, Washington, or another location mutually acceptable to the parties, in the English language, and shall be conducted before three arbitrators selected in accordance with such rules. The arbitrators are empowered to award reimbursement of attorney fees and other costs of arbitration to the prevailing party, in such manner as the arbitrators deem appropriate. The arbitrators shall have the right to grant a permanent injunction in addition to any damages or other relief.

Notices:

All notices and other communications to HZPG shall be in writing, must be given by certified mail, return receipt requested and must be addressed to HZPG at the address set forth for it in this Website at the time of delivery.

Effect of Waiver or Consent:

A waiver or consent, express or implied, to or of any breach by you, or any delay in enforcement of any provision of this Agreement on the part of HZPG, will not constitute a consent to, or waiver of, any other breach or default by you of the same or any other obligations of you. Failure on the part of HZPG to complain of any act of yours or to declare you in breach or default, irrespective of how long that failure continues, does not constitute a waiver by HZPG of its rights with respect to that default until the applicable statute-of-limitations period has expired.