Terms of service

TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) are a legally binding agreement governing your use of our website located at charmedmedicaljewelry.com, or any other platform where you may directly purchase our products (the “Website”), including all of the content, applications, products, and services offered by, on, or through the Website (collectively, the Website and all of its content, applications, products, and services offered from time to time are referred to as “Services”). The Website and Services are owned by charmedmedicaljewelry.com, a Florida business corporation (“us,” “we,” or “our”). When you access, visit, and/or use the Website, you are agreeing to be legally bound by these Terms, our Privacy Policy (the “Privacy Policy”), and any and all other policies that are contained on the Website, each of which is incorporated in these Terms by reference. If you do not agree to these Terms, do not access, visit, or use this Website.

BY ACCESSING, VISITING AND/OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND THE OTHER POLICIES INCORPORATED HEREIN.

Use of Services

If you are compliant with all terms and conditions, policies, and any other guidances we may issue, we grant to you a revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services. All other rights in and to the Website and Services (excluding title to Products purchased by you), including, without limitation, all Website Content (defined below), including any goodwill, are retained by us.

Permitted Uses

You may ONLY use the Services for lawful purposes and in accordance with these Terms. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Services.

Acceptance of Terms of Use

Our Website allows users to view and purchase personalized medical alert jewelry and related products (the “Products”). You must read and accept all of the terms and conditions contained in this document before accessing, visiting, or using the Website. By using the Services in any way, you are accepting these Terms, as well as any posted guidelines, rules, policies, or codes of conduct, which may be revised by us from time to time.   In order to use the Services in any way, you (a) must be eighteen (18) years of age or older or an emancipated minor and (b) be fully able and competent to abide by these Terms. The Website is not designed for individuals under the age of 18. Therefore, you affirm that you are 18 years of age or older. IF YOU ARE UNDER THE AGE OF 18, DO NOT MAKE ANY PURCHASES ON THE WEBSITE.

Your Representations and Warranties

You represent and warrant that: (a) you are eighteen (18) years of age or older or an emancipated minor; and (b) all information you provide to us or our agents is true, accurate, and complete in all respects. Further, any and all of your use of the Services will be in compliance with these Terms and any additional guidelines and policies issued by us and all applicable laws, policies, guidelines, regulations, ordinances and rules. Your representations and warranties under this Section will survive termination of these Terms.

User Accounts

If you wish to purchase Products or use other Services, you may be required to establish a User account and log in to the Website. We have no responsibility to monitor the use of your user name and password, and we are not liable for any unauthorized use of your user name and password.  You understand, acknowledge and agree that you will be responsible for each and every access or use of the Website with your user name and password, and that your user name and password is considered conclusive evidence that you wish to use the Website and Services, including, without limitation, to purchase Products.

Website Content

You agree that all material, including, information, data, software, text, design elements, graphics, images and other content (collectively, “Website Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and proprietary rights and laws. We may own the Website Content or the Website Content may be made available through arrangements with third parties. You shall use the Website Content only for purposes that are permitted by these Terms and any applicable laws and regulations (foreign and domestic). You agree not to sell, license, rent, modify, distribute, broadcast, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Website Content, or post any Website Content on any other website or in a networked computer environment for any purpose. Reproducing, copying or distributing any Website Content for any other purpose is strictly prohibited without our express prior written permission. Any rights not expressly granted herein are reserved.

Privacy Policy

We will collect, retain, and disclose information and data collected from you in accordance with our Privacy Policy. As a condition of your use of the Services, you consent to the collection, use, processing, and transfer of your information as described in these Terms and the Privacy Policy. We use commercially reasonable efforts to safeguard your data transmitted while using the Services, but do not warrant that the data will be transmitted without unauthorized interception or modification or that the data will not be accessed or compromised by unauthorized third parties.

Terms of Sale.

1. Payment. All payments are transacted through third-party payment processors (“Payment Processors”). We do not collect or store any payment information. All such information is collected and used by the Payment Processors in order to facilitate the transaction. You understand and acknowledge that when you complete a purchase, you are doing so via the applicable Payment Processor’s service and agree to be bound by the applicable terms of use governing such service. Moreover, you agree that we shall not have any liability with respect to payments made in connection with the Services or for any action or in action taken by the Payment Processors.
2. Billing Before Shipment. Payment may be secured before the order is shipped for orders placed through the Website.
3. Returns and Repairs. Any requests for returns or repairs will be handled in accordance with our policies in place at the time of the return/repair request.
4. Shipping. Products will be shipped in accordance with our policies in place at the time of shipment.
5. Cancellation. Cancellation of an order may require our written consent and may require you to reimburse us for any loss, cost, or expense attributable to the cancellation. You acknowledge that any cancellation reimbursement is not a penalty. You shall remain liable for any orders cancelled and not consented to in writing. Orders cannot be cancelled once the order has been submitted for engraving.

Warranty

All of our medical ID products have a one-year limited warranty. We will repair medical ID products within one-year from the date of purchase (the “Warranty Period”) for any damage resulting from product defects. For any additional repairs, you will be charged in accordance with our policies. The foregoing limited warranty shall be contingent upon your payment in full of all amounts due.

EXCEPT FOR THE FOREGOING WARRANTY SET FORTH IN THIS SECTION, WE MAKE NO WARRANTIES, REPRESENTATIONS, CONDITIONS OR PROMISES, EXPRESS OR IMPLIED, AS TO THE QUALITY, PERFORMANCE OR FREEDOM FROM DEFECT OF THE WEBSITE, PRODUCTS, OR SERVICES, ALL OF WHICH ARE SOLD AND/OR PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY ACKNOWLEDGE THAT THE SERVICES ARE COMPUTER-NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO UNAVAILABILITY, OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES, AND DELAY OCCURRENCES. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY OF THE SERVICES OR THAT THEY WILL SATISFY YOUR NEEDS. EXCEPT FOR THOSE IMPLIED WARRANTIES, IF ANY, THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, WE HEREBY DISCLAIM AND EXCLUDE ALL EXPRESS WARRANTIES AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE WARRANTIES ARISING OUT OF USAGE OF TRADE OR COURSE OF DEALING. THE LIMITED WARRANTY CONTAINED HEREIN SETS FORTH YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A DEFECT IN THE PRODUCTS.

Our Website Content includes suggestions and examples regarding information to include on a medical ID Product.  WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT: (a) WEARING MEDICAL ID PRODUCTS WILL BE SUFFICIENT TO ALERT THIRD PARTIES AS TO AN INDIVIDUAL’S MEDICAL CONDITION(S); (b) PROPER, EFFECTIVE OR MORE TIMELY MEDICAL CARE WILL BE RENDERED AS A RESULT OF WEARING A MEDICAL ID PRODUCT; or (c) A MEDICAL ID PRODUCT WILL BE NOTICED BY THIRD PARTIES, INCLUDING FIRST RESPONDERS OR MEDICAL CARE PROVIDERS AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY WITH REGARD TO CLAIMS BASED ON OR RELATING TO ANY OF THE FOREGOING.

Limitation on Liability

NOTWITHSTANDING ANYTHING IN THESE TERMS OF USE TO THE CONTRARY, WE AND OUR OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND AFFILIATES (COLLECTIVELY, THE “PARTIES”) WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. THE MAXIMUM AGGREGATE LIABILITY THAT ALL OF THE PARTIES SHALL HAVE TO YOU SHALL NOT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY YOU TO US FOR THE PRODUCT(S) OR SERVICES AT ISSUE. WE ARE NOT AFFILIATED WITH, AND HAVE NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY PAYMENT PROCESSOR), AND WE HAVE NO RESPONSIBILITY FOR, AND HEREBY DISCLAIM ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. THE LIMITATIONS OF LIABILITY UNDER THIS SECTION WILL SURVIVE TERMINATION OF THESE TERMS OF USE FOR ANY REASON. IN STATES THAT DO NOT ALLOW SOME OR ALL OF THE ABOVE LIMITATIONS, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You will indemnify, defend, and hold us and the Parties harmless from and against any and all causes of action, claims, costs, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees, arising from or as a result of: (a) your breach of any representation, warranty, covenant, or obligation in these Terms; (b) any violation by you of any laws or regulations applicable to you, your business, or your use of the Products or Services; and (c) your use of the Products or Services in general, whether or not such use is authorized by these Terms. Your indemnification obligations under this Section will survive termination of these Terms.

Attorney’s Fees

In addition to any other right or remedy provided to us in these Terms, if we prevail against you, in whole or in part, in any action to enforce the provisions of these Terms, whether for injunctive relief or damages or both, then in addition to all other damages or relief, we shall be also entitled to recover from you the costs and expenses incurred in the successful pursuit of such action or portion thereof, including reasonable attorney’s fees.

Web Sites and Resources

At certain places in the Services, “links” to other website addresses and resources may be available and accessed. The links are for convenience purposes only, and we do not endorse these websites. Such websites contain information created, published, maintained or otherwise posted by institutions or organizations unrelated to us. Use of any information from other websites is voluntary. We do not guarantee the accuracy, completeness, timeliness, or quality of information available from other websites. We are not and will not be liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by, or in connection with, the use of, or the reliance upon, any information, content, goods or services available on or through any third-party websites, including resources linked to this Website.

Viruses

Internet software or transmission problems may cause issues, such as producing inaccurate information contained on this Website. Computer viruses and other destructive computer code may also be inadvertently downloaded from this Website. We are not and will not be responsible or liable for any software, computer viruses, or other computer code that may adversely impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website, or your downloading of any material.

Termination of Use

We may terminate your access to the Website and/or your User account, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. When we have completed providing Services to you, or if you do not comply with any of the Terms or other policies, the license granted to you in these Terms will terminate. Upon termination for any reason, you will immediately cease using the Services. All provisions of these Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, provisions regarding consent to use, process and transfer your information, warranty disclaimers, indemnity, and limitations of liability.

Force Majeure

We are not, and will not, be liable for failure to deliver or delay in performance where such failure to deliver or delay is due, in whole or in part, to any cause beyond our control. We will not have any liability for any loss caused by any interruption of telecommunications, utility, Internet-hosting, or network-provider services, software viruses, any disruption or delay of the Services, act of God, strike or other labor shortage or disturbance, fire, accident, war, terrorist act or civil disturbance, failure of normal sources of supply, act of government, or any other cause beyond our reasonable control. In the event of such delay, the time for performance shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

Governing Law; Venue

These Terms are deemed to have been entered into and the Services and Products are deemed to have been provided in the State of Florida. Interpretation and enforcement of these Terms will be governed by the internal laws of the State of Florida, excluding its choice-of-law rules. You hereby consent to personal jurisdiction in the United States District Court for the Southern District of Florida and the state courts of Miami-Dade County, Florida, for any action arising out of or related in any way to these Terms or relating to your use of the Services (or any component of such Services) or your purchase of the Products, which courts you agree shall have exclusive jurisdiction over any such action.

Complete Agreement

These Terms (including all documentation incorporated by reference herein) constitute the complete agreement between the parties with respect to your use of the Website and the Services and your purchase of the Products. You acknowledge that no promises, representations, inducements, agreements, or warranties, other than those expressly set forth in these Terms, have been made to induce you to accept these Terms. YOU MAY NOT AMEND THESE TERMS. 

Amendments

WE MAY AMEND THESE TERMS BY POSTING THE AMENDMENT TO THE WEBSITE AND SUCH AMENDMENTS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING THE CHANGES TO THE WEBSITE. By using and/or visiting the Website after any and all amendments, you accept and agree to be bound by the amendments to these Terms. You should review the Terms from time to time to ensure that your use of the Services is in compliance with these Terms. IF YOU DO NOT AGREE TO ANY AMENDMENT TO THESE TERMS OF USE, YOU MUST IMMEDIATELY CEASE USE OF THE SERVICES AND/OR VISITING THE WEBSITE.

Assignment

You may not assign, sublicense, lease, or otherwise transfer any of the Services (excluding Products purchased by you) to, or permit their use by, any other person without our prior written consent, in each instance. We may assign these Terms to any other party without your consent.

Waiver

Our waiver of any condition, covenant, right or remedy under these Terms will not be effective unless made in writing and any such written waiver shall not constitute a further waiver of these Terms or any other condition, covenant, right, or remedy.

Enforceability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be limited only to the extent necessary to make it enforceable, and all other terms and provisions shall remain in full force and effect.

Contact. If you have any questions or concerns about these Terms or the Services, then please contact us using the information provided on the Contact Us page on the Website.