TERMS OF USE

Acceptance of the Terms of Use

These Terms of Use are entered into by KPJ Jewelry, LLC. (“Brockhaus Jewelry,” “we” or “us”) and the user (“you”) of the website www.brockhausjewelry.com and/or any social media account of Brockhaus Jewelry (together with any derivative sites and pages, our “Website”). The following terms and conditions (the “Terms of Use”) govern your access to and use of the Website. Please read them carefully before you use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use.

Privacy Policy

All personal information we collect on or through the Website is subject to our Privacy Policy. By using the Website, you consent to and agree to our Privacy Policy. ((Use the privacy policy page hyperlink for our new website))

Changes to the Terms of Use and Website

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. We reserve the right to withdraw or amend the Website, including any service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable or inaccessible at any time or for any period.

No Reliance on Information Posted

We may update the content on or offered through the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. The information presented on or through the Website, including technical information and pricing, is made available solely for general information purposes, should not be relied upon and is subject to change. For product and service information specific to your particular needs, contact your customer service representative directly and do not rely on the Website.

Intellectual Property

The Website and its entire contents, features and functionality are owned by Brockhaus Jewelry, its licensors or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may use the Website only for lawful purposes and in accordance with these Terms of Use. In no event may you use any part of the Website (including any information or materials available through the Website) for any competing commercial purposes, commercial purposes not pre-approved by Brockhaus Jewelry, or in a manner that is likely to give the impression that information, services or products of yours are endorsed by Brockhaus Jewelry if that is not the case. No right, title or interest in or to the Website or any content on or offered through the Website is transferred to you, and all rights not expressly granted are reserved by Brockhaus Jewelry. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Our name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Brockhaus Jewelry or its affiliates or licensors. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. You must not use such marks without the prior written permission of Brockhaus Jewelry.

If you believe that any content on the Website (including User Contributions) violates your copyright, please send notice of the copyright infringement [email protected], including in your notice the name of the copyright owner, a description of the rights being violated, a description of what is alleged to infringe, a statement that the person submitting the request is the copyright owner or an authorized agent of the copyright owner, and a signed statement that to the best of the submitter’s knowledge the information in the notice is true and correct. It is the policy of Brockhaus Jewelry to terminate access of repeat infringers.

Payments

Brockhaus Jewelry uses a third-party provider for its payment services for certain features or applications offered on or through the Website. We do not obtain or retain user credit card numbers for purchases or payments made through the Website. To the extent you provide credit card or other financial information for payments through the Website, you agree to and shall be subject to the applicable terms and conditions for the third-party service provider utilized for managing payment. You are responsible for reviewing such third-party terms and conditions. Brockhaus Jewelry reserves the right to change its third-party provider of payment services at any time, without notice thereof.

User Contributions

To the extent we allow users to post, submit, publish, display or transmit content or materials on or through the Website (“User Contributions”), you acknowledge and agree that we have no obligation to verify the accuracy of any User Contributions nor have any liability as a result of or in any way related to User Contributions. All User Contributions must comply with these Terms of Use and any other express terms required by us. Any User Contribution you post to, on or through the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Website, you grant us and our affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any part and all of your User Contributions for any purpose. You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant this license; (ii) all statements made by you in your User Contributions are true and correct; and (iii) your User Contributions do and will comply with law and these Terms of Use.

Monitoring and Enforcement

We have the right to: (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that we deem appropriate in our sole discretion; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates law or their rights; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (v) terminate or suspend your access to all or part of the Website for any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Website or posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS BROCKHAUS JEWELRY AND ITS SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN AS A CONSEQUENCE OF INVESTIGATIONS INTERNALLY OR BY LAW ENFORCEMENT AUTHORITIES. We do not undertake to review all material before it is posted on or through the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of these sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of Oklahoma in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE AND ITS CONTENT AND INFORMATION IS AT YOUR SOLE RISK. THE WEBSITE AND CONTENT AND INFORMATION OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER BROCKHAUS JEWELRY NOR ANYONE ASSOCIATED WITH BROCKHAUS JEWELRY REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT OR INFORMATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BROCKHAUS JEWELRY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT SHALL BROCKHAUS JEWELRY, ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR INFORMATION OFFERED ON OR THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold Brockhaus Jewelry, its employees, agents, officers, and directors, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising out of the same (regardless of the form of the action), shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule whether of the State of Oklahoma or any other jurisdiction. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oklahoma in each case located in the City of Oklahoma City, Oklahoma County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent and the remaining terms will continue in full force and effect.

Your Comments and Concerns

The Website is operated by Brockhaus Jewelry, located at 2107 West Main Street, Norman, OK 73069. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to [email protected], or mailed to the address above. Any feedback you provide to us shall be deemed to be non-confidential we shall be free to use such information on an unrestricted basis.

ROLEX SECTION

While navigating on the Rolex section of our website, you may interact with an embedded website from www.rolex.com. In such case, Terms of Use, Privacy Notice and Cookies Policy of www.rolex.com are solely applicable.