Terms and Conditions
Welcome to the Hearts On Fire Company, LLC (“HOF”) web site (the “Web Site”). By accessing, using or posting anything to the Web Site, you agree to use the Web Site in accordance with all applicable laws and regulations and in accordance with the terms and conditions outlined herein (the “Terms and Conditions”). These Terms and Conditions may be updated from time to time without notice to you, and you further agree to be bound by the version of the Terms and Conditions that are in effect each time you visit the Web Site. IF YOU DO NOT AGREE TO ANY OR ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THE WEB SITE IN ANY MANNER. As used herein, the terms “HOF,” “we” and “us” refer to Hearts On Fire Company, LLC, its subsidiaries, holding companies, owners and affiliates and their respective officers, directors, employees and agents, where applicable.
You may access or use this Web Site and its contents solely for lawful, personal, noncommercial use and for no other purpose. You shall not, and shall not procure, assist or facilitate any third party to, modify, copy, link to, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, in whole or in part, obtained from this Web Site without the written permission of HOF. No right, title or interest in such materials is transferred to you by use of this Web Site. HOF may modify or remove this Web Site at any time without notice to you. You represent and warrant that you possess the legal right and ability to agree to these Terms and Conditions, and that all information or material that you submit to the Web Site is true, accurate and current. You agree that you will not: (i) submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including but not limited to privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant the rights to use such materials as provided in these Terms and Conditions; (ii) post on the Web Site any false information or misrepresentation that could result in liability or damage to us or any third party; (iii) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate; or (iv) impersonate another person. By way of example only, you may not post a photograph taken by a professional photographer unless the photographer has granted you the right to make copies of the photo. You are responsible for any third-party fees, taxes or other charges incurred by you in accessing the Web Site (such as internet charges).
You shall not and shall not attempt to violate the security of the Web Site including, without limitation:
- accessing data not intended for you;
- logging into a server which you are not authorized to access;
- probing, scanning or testing the vulnerability of a system or network utilized by the Web Site;
- breaching the security or authentication measures adopted by us for the Web Site; and
- interfering with the access to or use of the Web Site by other users.
Contents of the Web Site
The maintenance of the Web Site and all materials and information presented on the Web Site are intended for your personal entertainment, information, education and communication only, and shall not be regarded in any way as our offer for sale of, or our solicitation for an offer to buy, any goods or service.
Information provided on the Web Site should not be construed as an offer to sell or a solicitation for an offer to purchase securities, futures, options or other financial instruments. Past performance is not necessarily an indication of future performance. Any person considering an investment in the securities of Chow Tai Fook Jewellery Group Limited or any of its subsidiaries or affiliates should seek independent professional advice prior to making any investment decision.
Any information uploaded by you to the Web Site or sent to us via e-mail, postcard, letter, voice mail, social media venue or other transmission, including but not limited to photos, names, links, data, questions, comments, messages, Forum postings, suggestions, designs, concepts, or the like shall be and remain HOF’s property, and HOF shall not be limited in any way in its use, promotional, commercial or otherwise. However, we will not use your full name in any such promotional use without your permission. You agree that no such messages or content will violate the rights of any third party, contain any libelous, defamatory, obscene, pornographic, scandalous, threatening, abusive, hateful, or otherwise unlawful materials, advertise or solicit funds, goods, services or disseminate any junk mail, spam, chain letters, schemes or other forms of solicitation, or contain viruses, Trojan horses, worms, corrupted files, any other malware or other materials that may cause damage to another's computer.
By sending us information about yourself on or through the Web Site or any social media site related to HOF, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display your information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others. You acknowledge that no compensation will be paid with respect to the use of your information. You represent and warrant that you have proper authorization for the worldwide transfer and processing among HOF, its affiliates and third-party providers of any information that you may provide on the Web Site or HOF related social media site.
Any information uploaded by you to the Web Site or provided to us in any way, including but not limited to photos, names, links, data, questions, comments, messages, Forum postings, suggestions, designs, concepts, or the like, shall be deemed to be non-confidential; we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
You acknowledge that we do not pre-screen or approve any information posted on the Web Site by its users, and agree that you shall be solely responsible for the form, content, accuracy and truthfulness of the information posted by you as well as all consequences of your postings on the Web Site. In any event, we take no responsibility whatsoever for the information posted by any users of the Web Site, or for loss of content of any information, and do not make any representations or warranties regarding the content, truthfulness, reliability or accuracy of any information posted to the Web Site by its users. Any reliance by you on any information posted by other users of the Web Site will be entirely at your own risk.
You may not use any content posted by other users of the Web Site other than for the purposes of accepting, forwarding, identifying, locating and/or replying to any content on the Web Site. We may not monitor the Web Site at all times but reserve the right to monitor it any time. We may remove any information posted by you on the Web Site which is abusive, illegal, disruptive, or inappropriate, in our sole and absolute discretion, without any compensation or recourse to you or any other person.
Without prejudice to the foregoing, we may limit or even ban your posting of any information, including but not limited to the period of time of posting and the size or content of your posting.
We do not accept any responsibility or liability for any information posted by users of the Web Site, and the contents thereof do not necessarily represent or reflect our views or opinion.
You may request removal of any personal information you send us by sending a removal request email to email@example.com from the email address provided when you submitted the information.
HOF and any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to HOF or any of its employees. All such submissions will be destroyed without being read or considered.
At HOF, we make every effort to represent our products as accurately as possible. However, due to photography techniques and differences in monitor color and display capabilities, images of products may appear slightly smaller or larger than actual size, and color may vary. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. America Online users may experience blurry, distorted images due to proprietary AOL browser settings. We are not responsible for the limitations of technology and do not guarantee that your screen’s display of any colour, size, texture or detail of the products will be accurate. Also, in compliance with FTC regulations and the standards set forth by our industry, the total carat weight of the diamonds shown on HeartsOnFire.com may vary by plus or minus 0.04 carats from the presented total weight. Additionally, when a piece of our fine jewelry contains more than one diamond, it is our policy to present an average grade for color, clarity, and carat weight. We always strive to provide our customers with the most accurate information in order to aid them in making an informed purchase.
Intellectual Property Rights
All content, copyright, trademarks, trade secrets, patents, service marks, logos on the Web Site, existing now or created in the future, throughout the world belong to Hearts On Fire Company, LLC and are protected by copyright and other intellectual property rights under United States and foreign laws, © 1996-2022 . All jewelry designs and images thereof are the exclusive copyrighted property of Hearts On Fire Company, LLC. Any use of the trademarks, jewelry design, the jewelry design images and/or other images, or any other copyrighted material is expressly prohibited unless otherwise agreed to in a signed writing by Hearts On Fire Company, LLC. Hearts On Fire Company, LLC actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
All product information, product ordering codes and prices are subject to change without notice. This Web Site may also contain trade names and trademarks of other companies that are the property of their respective owners.
We or our designees will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted via U.S. registered mail to our Designated Agent as follows:
Hearts On Fire Company, LLC
Attention: Legal Department
P. O. Box 52172
Boston, Massachusetts 02205
To be effective, the notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provide to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For the avoidance of doubt, nothing contained in these Terms and Conditions will prejudice, negate or constitute waiver of the rights of HOF under or by virtue of any regional or national intellectual property laws (whether of Hong Kong, the United States or elsewhere) or international intellectual property laws.
Use of the Web Site or any social media site is at your own risk. Unless specifically noted, this site, any social media site, their contents or the information available on or through them is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. Neither HOF, nor any of its affiliated or related companies, nor any of the employees, agents, content providers or licensors of any of them, makes any representation or warranty of any kind regarding the Web Site, social media sites, the content, any advertising material, information, products or services available on or through the Web Site, and/or the results that may be obtained from use of the Web Site, social media site or such content or services. All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties the Web Site will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. HOF and its affiliates are not responsible or liable for any damage to, or virus that may infect, your computer equipment or other property.
Limitation of Liability and Damages
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and services and any orders placed through the Web Site, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these conditions limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our liability will under no circumstances exceed the actual amount paid by you for the product or service that you have purchased through the Web Site, nor will we under any circumstances be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement for goods or services, or any indirect, consequential, incidental, special or punitive damages or losses, including, but not limited to, lost profits, whether direct or direct, regardless of the form of action, including, without limitation, contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages.
Some jurisdictions may not allow the exclusion or limitation of certain damages. In such cases, exclusions and limitations will apply to the greatest extent consistent with applicable law.
By use of this Web Site or HOF social media site, you agree to indemnify, defend and hold harmless, HOF, each of its affiliated companies, and each of its respective partners, suppliers, subsidiaries, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all liabilities, claims and expenses (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding your use or misuse of the Web Site, social media site or any violation of these Terms and Conditions.
We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. If you breach any Terms and Conditions you may be subject to civil and/or criminal liability and we may take such legal action as we deem necessary and expedient.
Governing Law and Jurisdiction
This Web Site (excluding any links) is owned and controlled by HOF from its offices within the Commonwealth of Massachusetts, United States of America. By accessing this Web Site or HOF social media sites, both you and HOF agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to conflict of laws, will apply to all matters relating to use of this Web Site. In addition, you agree to the exclusive personal jurisdiction and venue of the Suffolk County Superior Court and the United States District Court for the District of Massachusetts with respect to any dispute relating to the use of the Web Site that is not subject to arbitration hereunder.
If you are a consumer outside of the United States who accesses a link to the section of the Web Site designed for the country where you are located, you are subject to the law of your country of residence. By accessing the section of the Web Site designed for the country where you are located, you agree to the jurisdiction of that country’s courts with respect to any dispute relating to the use of the country-specific Web Site that is not subject to arbitration hereunder.
Binding Arbitration and Class Action Waiver
Neither you nor HOF will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and HOF agree to arbitrate, as provided below, all disputes between you that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. "Dispute" as used here means any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning these Terms and Conditions or the products or services provided to you, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and HOF empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these Terms are void or voidable. The arbitrator’s award shall consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
In the event of a dispute, you or HOF must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to HOF: firstname.lastname@example.org. We will send any notice of dispute to you at the contact information we have for you. You and HOF will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent.
After that sixty (60) day period, you or we may commence an arbitration proceeding. You or we may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and HOF do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right to set aside the award under the Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, as amended by these Terms and Conditions. The JAMS Streamlined Arbitration Rules & Procedures are available online at https://www.jamsadr.com/rules-streamlined-arbitration/.
In connection with such arbitration: (A) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate, (B) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (C) if the parties are unable to agree on a location, such determination will be made by JAMS or by the arbitrator; provided, however, that to the extent (and only to such extent) the applicable arbitration rules expressly provide otherwise, such arbitration rules will supersede subsections (A)-(C) of this paragraph.
If you initiate arbitration proceedings against us, you will be required to pay a filing fee. All other costs shall be borne by us. In case we initiate arbitration proceedings against you, we will bear all costs associated with the arbitration.
You and HOF agree to submit to the exclusive personal jurisdiction and venue of the Suffolk County Superior Court and the United States District Court for the District of Massachusetts, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. You and HOF hereby consent to recognition and enforcement of any resulting award in any jurisdiction and waive any defense to recognition or enforcement based upon lack of jurisdiction over the person or property or based upon any doctrine of forum non conveniens.
Except as provided above with respect to jurisdiction in the Suffolk County Superior Court and the United States District Court for the District of Massachusetts, nothing in this arbitration provision shall be construed as consent by HOF or any of its affiliates to the personal jurisdiction of any other court with regard to disputes, claims or controversies unrelated to these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between you and HOF with respect to the Web Site and supersede all prior or contemporaneous communications, whether oral, written or electronic, between you and HOF. Should any of these Terms and Conditions be held invalid or unenforceable, the remaining Terms and Conditions shall remain in full force and effect.
Additional Legal Notices
HOF reserves the right to suspend or revoke your right to use the Web Site or HOF social media site, to remove any material from the Web Site or social media site, and to terminate the Web Site or social media site at any time in HOF’s sole discretion and without notice to you for any reason, or for no reason.
Visitors to this Web Site or social media sites are responsible for their own compliance with local laws regarding Web Site and social media use and access. By placing any content on the Web Site or social media site that contains images, photographs, graphics or pictures (“Images”), you represent and warrant that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such images or any content and/or images contained in such Images consistent with the manner and purpose of Your use and as otherwise permitted by these Terms and Conditions and the Web Site; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms and Conditions; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms and Conditions, including by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
Third Party Links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites are not under the control of HOF and HOF is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Accordingly, HOF makes no representations whatsoever concerning the content of those linked sites. HOF is not responsible for webcasting or any other form of transmission received from any linked site. The fact that HOF has provided a link to a third-party web site is NOT an endorsement, authorization, sponsorship, or affiliation by us with respect to such web site, its owners, or its providers. HOF has not tested any information, software, or products found on these web sites and therefore cannot make any representations whatsoever with respect thereto. These linked sites have separate and independent terms, conditions and/or privacy policies, which we encourage you to review. Nonetheless, we seek to protect the integrity of our Web Site and welcome any feedback about these linked sites (including if a specific link does not work).
HOF is committed to providing a positive experience to all our customers and aims to facilitate the accessibility and usability of our Web Site.
We view accessibility as an ongoing effort and are continually seeking solutions that will bring all areas of our Web Site to the same level of overall web accessibility.
If you have trouble accessing any of the information on this Web Site, please feel free to email us at email@example.com and we will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you consistent with applicable law.
You agree that HOF may modify these Terms and Conditions and any other policies on our Web Site at any time and that posting the modified Terms and Conditions or policies on our Web Site will constitute sufficient notice of such modification.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
No failure or delay by us in exercising any right, power or remedy under the Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of these Terms and Conditions shall be deemed as a waiver of any subsequent breach of that or any other provision of the same.
Questions and Feedback
We welcome your questions, comments, and concerns. Please send us any and all feedback pertaining to any of the foregoing Terms and Conditions, or any other item.