items in try at home kit are replicas in silver and cz. to buy real pieces, links found on product pages
Welcome to Tahj! Our website connects jewelers, jewelry stores and jewelry merchants (each, a “Third-Party Jeweler”) with potential customers (each, a “Customer”), as well as facilitates the sale of diamonds and related products (collectively, “Jewelry”) to Customers on behalf of certain Third-Party Jewelers that are designated by Tahj, Inc. as “Tahj Protected” (each, a “Tahj Vetted Jeweler ”).
We allow one (1) complimentary home try-on order per customer/address. Additional home try-on orders will incur a non-refundable $100 fee
For any lost, incomplete or unreturned kits within 7 days, you will be charged the full amount of the kit of $500.
How the Services Work. Our Services allow Third-Party Jewelers and Tahj (collectively, the “Jewelers”) to submit Jewelry listings (the “Jewelry Listing”) on our Website. Customers may browse such Jewelry Listings on the Website, and Tahj will either: (i) connect a Customer with the applicable Third-Party Jeweler at the Third-Party Jeweler’s website to complete a transaction; or (ii) facilitate a transaction for the purchase of a listed product between a Customer and a Tahj directly via the Website. Third-Party Jewelers and Tahj enter into separate agreements with Tahj governing their use of the Services.
Use of the Services and Tahj Properties. The Website, the Services, and the information and content available on the Website and the Services (collectively, the “Tahj Properties”) are Vettedby copyright laws throughout the world. Subject to the Terms, Tahj grants you a limited license to reproduce portions of the Tahj Properties for the sole purpose of using the Services for your personal and/or professional purposes. Unless otherwise specified by Tahj in a separate license, your right to use any Tahj Properties is subject to the Terms.
You understand that the Tahj Properties are evolving. You acknowledge and agree that Tahj may update the Tahj Properties with or without notifying you. You may need to update third-party software from time to time in order to receive the Services or use the Tahj Properties.
Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Tahj Properties or any portion of the Tahj Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Tahj Properties (including images, text, page layout or form) of Tahj; (c) you shall not use any metatags or other “hidden text” using Tahj’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Tahj Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Tahj Properties in order to build a similar or competitive website or service; (g) except as expressly stated herein, no part of the Tahj Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Tahj Properties. Any future release, update or other addition to the Tahj Properties shall be subject to the Terms. Tahj, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Tahj Properties terminates the licenses granted by Tahj pursuant to the Terms.
Third-Party Materials. As a part of the Tahj Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Tahj to monitor such materials and that you access these materials at your own risk.
Registering Your Account. In order to access certain features of the Tahj Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered a user account on the Website (“Account”).
Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Tahj Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Tahj Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Tahj immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tahj has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tahj has the right to suspend or terminate your Account and refuse any and all current or future use of Tahj Properties (or any portion thereof). You agree not to create an Account or use Tahj Properties if you have been previously removed by Tahj, or if you have been previously banned from any of Tahj Properties.
Responsibility for Content.
Types of Content. You acknowledge that all Content, including the Tahj Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Tahj, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise share or make available (“Make Available”) through the Tahj Properties (“Your Content”), and that you and other Users of the Tahj Properties, and not Tahj, are similarly responsible for all Content they Make Available through the Tahj Properties (“User Content”).
No Obligation to Pre-Screen Content. You acknowledge that Tahj has no obligation to pre-screen Content (including, but not limited to, User Content and Jewelry Listings, although Tahj reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation messages that you send using the Services. In the event that Tahj pre-screens, refuses or removes any Content, you acknowledge that Tahj will do so for Tahj’s benefit, not yours. Without limiting the foregoing, Tahj shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Overview. Customer can purchase Jewelry from Jewelers through our Website as follows. If a Jewelry Listing is provided by a Tahj Vetted Jeweler , as indicated on the Jeweler Listing, Customer shall purchase the Jewelry via our Website in accordance with this Section 5. If Customer requests to purchase Jewelry from a Jeweler that is not a Tahj Vetted Jeweler , Tahj will connect you to such Third-Party Jeweler’s website to complete the transaction, and such transaction shall not take place on our Website. All transactions between Customers and Third-Party Jewelers shall be governed by a separate agreement between such Third-Party Jeweler and Customer, and Customer shall not qualify for the refund or purchase protection terms set forth under this Section 5.
Payment Terms for Purchase from Tahj. You agree to pay all fees or charges in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You acknowledge and agree that Tahj may be appointed an agent of the Tahj for the purpose of accepting any payments on behalf of Tahj . You must use your PayPal account (“PayPal Purchase”) or wire the appropriate funds to Tahj (“Wire Payment Purchase”) in order to complete a transaction for Jewelry listed by a Tahj Vetted Jeweler on the Services. Tahj , not Tahj, are solely responsible for honoring any confirmed purchases facilitated by the Services. By making a purchase through the Services, you hereby consent and authorize Tahj (or PayPal, as applicable): (a) to initiate payments using your selected payment method and collect any transaction amounts on behalf of Tahj ; and (b) share any information and payment instructions you may provide with third-party services provider(s) to the minimum extent required to complete such purchase. All information that you provide to us or to PayPal must be accurate, current, and complete.
PayPal. By making a purchase through your PayPal account, you agree to be bound by PayPal’s User Agreement: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full. In addition, you agree to comply with all applicable laws, regulations, rules and terms and conditions in connection with your payment. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with your purchases under the Terms. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that Tahj has no control over, or responsibility or liability for, such fees or actions.
Wire Payment. Customers may have the option to purchase Jewelry from Tahj via a Wire Payment Purchase. After placing an order and selecting bank wires as your method of payment –which may be subjected to a fee depending on your financial institution’s policy, you will receive an email from Tahj with account information to ensure the funds are properly transferred by your bank, which make take up to two (2) business days to process. To the extent you make a Wire Payment Purchase, you may be entitled to a refund through the Tahj Protection Policy (the “Protection Policy”), as discussed in Section 5.3(c) below.
Tahj Rights. Tahj reserves the right to hold, freeze or decline transactions that we believe to be high risk, fraudulent, or in violation of the Terms or the terms of Tahj’s third-party payment service providers.
Return Policy Generally. Our Tahj is not responsible for after sales returns, but do assure we have vetted our retailers and many should accept returns for a refund or exchange within seven-thirty (7-30) days of shipment.
In order to guard against potential abuse of the return policy, this Return Policy only applies for the first purchase for a customer. Subsequent purchases per customer will be considered non-returnable and non-refundable, unless otherwise specified in writing.
Sellers on Tahj generally purchase the jewelry only after the customer pays, and typically are not able to return the diamonds to the supplier, making returns very expensive.
Protection for PayPal Purchases. To the extent you make a PayPal Purchase and do not receive your Jewelry from Tahj Vetted Jeweler or receive Jewelry that is not what you purchased, you may be eligible for a refund through PayPal’s Purchase Protection Program, available here.
Tahj Protection Policy for Wire Payments. For purchases from a Tahj Vetted Jeweler via a Wire Payment Purchase, you are covered under the Protection Policy when: (i) you don’t receive the purchased Jewelry from the Tahj Vetted Jeweler; (ii) you receive an item that doesn’t match the Listing; and (iii) the Tahj Vetted Jeweler does not resolve the issue. The Tahj normally work with Customers to quickly resolve any issue, but if you cannot agree on a solution, you can ask Tahj to step in and help. Tahj, in its sole discretion, determines whether your claim qualifies for the Policy. To be eligible for the Policy, you must have paid for the eligible Jewelry, respond to Tahj’s request for documentation and other information within the time requested and promptly open a formal dispute with Tahj. If you believe you are eligible for the Policy, please contact email@example.com.
Tahj provides a “Tahj Report” for any Gemological Institute of America (“GIA”) registered stone that is available via the Service. All factual information included in a Tahj Report is identical to the underlying GIA report. We break out the individual elements that the GIA uses to determine the overall score for each category (i.e., the various number of objective qualities that are used to determine the GIA “Cut” rating) and show which criteria were met and which were not (to achieve a particular GIA score, a stone need not meet all the sub-criteria for that score) to give you a more detailed view of the qualities of the stone. Information provided is for the convenience of our users only, and make no representations or warranties with respect to, or assume any responsibility for the accuracy of, Third- Party Information.
Tahj Reports may also provide independent opinion and commentary on the particular stone from our one of our gemologists. This is based solely on the GIA information and in some cases, the diamond’s images and videos if available, but provides insight similar to what you would receive if you brought the stone to an independent jeweler for assessment. Finally, we deploy sophisticated machine learning algorithms to analyze our vast database of listed stones and prior sales to compare the price of each stone to other comparable stones (where GIA-provided information is the basis of the comparison) and provide guidance on the price. Pricing analysis and gemologist opinions are entirely dependent on the Third-Party Information. Tahj Reports are to be used to inform your purchasing decision, and are not intended to be a definitive statement of the value of any individual stone, a formal assessment, or a replacement of your independent judgment.
Tahj Properties. Except with respect to Your Content and User Content, you agree that Tahj and its suppliers own all rights, title and interest in the Tahj Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the Tahj Properties.
Trademarks. “Tahj” and other related graphics, logos, service marks and trade names used on or in connection with the Tahj Properties are the trademarks of Tahj and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Tahj Properties are the property of their respective owners.
Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Tahj Properties.
Your Content. Tahj does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Tahj Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content. Subject to any applicable account settings that you select, you grant Tahj a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part), in any medium or manner, now known or hereafter devised, for the purposes of operating and providing the Tahj Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Tahj Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Tahj, are responsible for all of Your Content that you Make Available on or in the Tahj Properties.
Privacy and Protecting Personal Information. You agree that by using the Services, you are directing Tahj to intentionally disclose personal information (including, without limitation, “personal information” as defined under the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100–1798.199, as amended) to Jewelers.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Tahj through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Tahj has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Tahj a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Tahj Properties.
Reviews. The Services host User Content that is related to reviews of certain Users. Such reviews are opinions and are not the opinion of Tahj, have not been verified by Tahj, and each User should undertake his or her own research to be satisfied concerning any specific User. You agree that Tahj is not liable for such User Content. Tahj shall have the right, but not the obligation to monitor or review any reviews at any time. Tahj reserves the right to refuse to post or remove any material submitted or posted in any review. Notwithstanding the foregoing, you acknowledge that Tahj is under no obligation to edit or modify any information available in any reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a review. Tahj does not assume liability for reviews or for any claims for economic loss resulting from such ratings and reviews.
General. While using or accessing the Tahj Properties you agree that you will not, under any circumstances:
Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your Account status;
Interfere with or damage Tahj Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
Fail to honor any transaction agreed to by you, unless the Jeweler fails to comply with the terms of such transaction;
Post false, inaccurate, misleading, defamatory or libelous content;
Take any action that may undermine our feedback or ratings systems;
Bypass our robot exclusion headers, interfere with the working of the Tahj Properties, or impose an unreasonable or disproportionately large load on our infrastructure;
Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Use the Tahj Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or
Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities; or (vi) infringes a third party’s intellectual property or privacy or other proprietary right.
Investigations. Tahj may, but is not obligated to, monitor or review the Tahj Properties and Content at any time. Without limiting the foregoing, Tahj shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Tahj does not generally monitor user activity occurring in connection with the Tahj Properties or Content, if Tahj becomes aware of any possible violations by you of any provision of the Terms, Tahj reserves the right to investigate such violations, and Tahj may, at its sole discretion, immediately terminate your license to use the Tahj Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
Interactions with Other Users. You are solely responsible for your interactions with other Users of the Tahj Properties and any other parties with whom you interact through the Tahj Properties; provided, however, that Tahj reserves the right, but has no obligation, to intercede in such disputes.
Content Provided by Other Users. The Tahj Properties may contain User Content provided by other Users, including Jewelry Listings. Tahj is not responsible for and does not control User Content. Tahj has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
Third-Party Services & Ads. The Tahj Properties may contain links and/or integrate with third-party websites and/or services (“Third-Party Services”) and advertisements for third parties (“Third-Party Ads”) (collectively, “Third-Party Services & Ads”). When you click on a link to or otherwise access a Third-Party Service or a Third-Party Ad, we will not warn you that you have left the Tahj Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Tahj. Tahj is not responsible for any Third-Party Services & Ads. Tahj provides these Third-Party Services & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services & Ads, or their products or services. You use Third-Party Services & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
Relationship of the Parties. Any agreements created between a Customer and a Jeweler are not binding on us. We are not liable for, or obligated to enforce, any agreements between a Customer and a Jeweler. You will not consider Tahj, nor will Tahj be construed as, a party to such transactions, whether or not Tahj receives some form of remuneration in connection with the transaction, and Tahj will not be liable for any costs or damages arising out of or related to such transaction. No contractual obligations are created with us with respect to such transactions or agreements, and in the event that you have a dispute with one or more Users, you release Tahj (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Indemnification. You agree to indemnify and hold Tahj, its parents, subsidiaries, affiliates, officers, employees, agents, Third-Party Jewelers and licensors (collectively the “Tahj Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content, including Jewelry Listings; (b) your use of, or inability to use, the Tahj Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User (e.g., failure to fully refund Customer under 30-Day Guarantee); or (e) your violation of any applicable laws, rules or regulations. Tahj reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tahj in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the Tahj Properties.
Disclaimer of Warranties.
Title of Jewelry. WE DO NOT, AT ANY TIME, TAKE TITLE TO ANY JEWELRY IN A JEWELRY LISTING, AND WE DO NOT TRANSFER LEGAL OWNERSHIP OF JEWELRY FROM THE JEWELER TO THE CUSTOMER.
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE TAHJ PROPERTIES IS AT YOUR SOLE RISK, AND THE TAHJ PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TAHJ PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TAHJ PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE TAHJ PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE TAHJ PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE TAHJ PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE TAHJ PROPERTIES WILL BE CORRECTED.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE TAHJ PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE TAHJ PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. TAHJ MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TAHJ OR THROUGH THE TAHJ PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, TAHJ MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT TAHJ’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT TAHJ PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TAHJ PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE TAHJ PROPERTIES. YOU UNDERSTAND THAT TAHJ DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE TAHJ PROPERTIES. TAHJ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE TAHJ PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE TAHJ PROPERTIES.
TAHJ MAKES NO WARRANTY THAT ANY JEWELER SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SUBSCRIPTIONS OR EXPERIENCES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TAHJ MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY JEWELER SERVICE OBTAINED THROUGH THE TAHJ PROPERTIES.
WHILE WE MAY HELP FACILITATE THE RESOLUTION OF DISPUTES AMONG USERS THROUGH VARIOUS PROGRAMS, WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF TRANSACTIONS, THE TRUTH OR ACCURACY OF JEWELRY LISTINGS, THE ABILITY OF CUSTOMERS TO INITIATE TRANSACTIONS, THE ABILITY OF JEWELERS TO ACCEPT TRANSACTIONS, OR THAT A JEWELER WILL ACTUALLY HONOR A DEAL.
Limitation of Liability.
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TAHJ PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TAHJ PROPERTIESOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TAHJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE TAHJ PROPERTIES OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE TAHJ PROPERTIES; (2) ANY DEALS OFFERED THROUGH THE SERVICES; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE TAHJ PROPERTIES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON TAHJ PROPERTIES; OR (6) ANY OTHER MATTER RELATED TO THE TAHJ PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL TAHJ PARTIES BE LIABLE TO YOU FOR MORE THAN THE LESSER OF: (A) THE AMOUNT RECEIVED BY TAHJ AS A RESULT OF YOUR USE OF THE TAHJ PROPERTIES IN THE SIX MONTHS PRECEEDING THE DATE ON WHICH YOU FIRST ASSERT YOUR CLAIM; OR (B) $30,000. IF YOU HAVE NOT PAID TAHJ ANY AMOUNTS IN THE SIX MONTHS PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, TAHJ’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
User Content. TAHJ PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TAHJ AND YOU.
Procedure for Making Claims of Copyright Infringement. if you believe that your work has been copied and posted on Tahj Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Tahj Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Tahj’s Copyright Agent for notice of claims of copyright infringement is as follows: Attn: Tahj, PO Box 59553.
Termination of Services by Us. We may terminate and/or suspend the Services, your Account and/or these Terms for any reason, including in the event you breach any terms herein, or if required to do so by applicable law.
Termination of Services by You. If you want to terminate the Services provided by Tahj, you may do so by (a) notifying Tahj at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Tahj's address set forth below.
PO Box 59553
Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith, and that Tahj will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Violations. If Tahj becomes aware of any possible violations by you of the Terms, Tahj reserves the right to investigate such violations. If, as a result of the investigation, Tahj believes that criminal activity has occurred, Tahj reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Tahj is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Tahj Properties, including Your Content, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; (5) protect the rights, property or personal safety of Tahj, its Users or the public; or (6) in connection with all enforcement actions or investigations or other government officials, as Tahj in its sole discretion believes to be necessary or appropriate.
Warn you via e-mail (to any e-mail address you have provided to Tahj) that you have violated the Terms;
Delete any of Your Content provided by you or your agent(s) to the Tahj Properties;
Discontinue your registration(s) with any of the Tahj Properties, including the Services;
Notify and/or send Content to, and/or fully cooperate with, the proper law enforcement authorities for further action; and/or
Pursue any other action which Tahj deems to be appropriate.
No Subsequent Registration. If your registration(s) with or ability to access the Tahj Properties is discontinued by Tahj due to your violation of any portion of the Terms or for any other inappropriate conduct, as determined by Tahj in its sole discretion, then you agree that you shall not attempt to re-register with or access the Tahj Properties through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Tahj reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
International Users. This Website can be accessed from countries around the world and may contain references to Tahj Properties and Content that are not available in your country. These references do not imply that Tahj intends to announce such Tahj Properties or Content in your country. The Tahj Properties are controlled and offered by Tahj from its facilities in the United States of America. Tahj makes no representations that the Tahj Properties are appropriate or available for use in other locations. Those who access or use the Tahj Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Arbitration Agreement. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Tahj and limits the manner in which you can seek relief from us.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send an email requesting arbitration and describing your claim to Tahj.io. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Tahj will pay them for you. In addition, Tahj will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts located in the State of Maryland. All other claims shall be arbitrated.
Severability. Except as provided in Section 17.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Tahj.
Electronic Communications. The communications between you and Tahj use electronic means, whether you visit the Tahj Properties or send Tahj e-mails, or whether Tahj posts notices on the Tahj Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Tahj in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tahj provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You hereby release Tahj Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Tahj Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites or services of any kind arising in connection with or as a result of the Terms or your use of the Tahj Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Tahj’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. Tahj shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Tahj Properties, please contact us at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Maryland consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Notice. Where Tahj requires that you provide an e-mail address, you are responsible for providing Tahj with your most current e-mail address. In the event that the last e-mail address you provided to Tahj is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Tahj’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Tahj at the following address: Tahj, Inc., PO Box 59553. Such notice shall be deemed given when received by Tahj by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Export Control. You may not use, export, import, or transfer the Tahj Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Tahj Properties, and any other applicable laws. In particular, but without limitation, the Tahj Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Tahj Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Tahj Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Tahj are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Tahj products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
(i) Referrals and Lead Sales. As part of the Services, you may be connected with a jewelry professional. You authorize us to make such referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such connection. As part of the Services, you may be connected to a party that provides mortgage loan origination services, title and escrow services, or other settlement services. . In the event that any of these parties have an affiliated relationship with any of the Tahj Companies, then one or more of the Tahj Companies may receive a financial or other benefit from the referral between such affiliates
(ii) Non-Affiliated Financial Products. If you choose to contact a non-affiliated bank, mortgage lender, financial institution, mortgage loan originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for mortgage rate quotes) on the Services, you authorize the Tahj Companies, and Tahj Group Marketplace, Inc., in particular to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. In the case of non-affiliated financial products, the Tahj Companies are only providing an administrative service to consumers and participating Third-Party Providers. Loan approval standards are established and maintained solely by individual Third-Party Providers. Decisions in any related non-affiliated transactions are made by participating Third-Party Providers and are not made by the Tahj Companies and the Tahj Companies are not responsible for the underwriting activities or credit decisions of any Third-Party Provider. Any non-binding quotes provided by the Tahj Companies for Third-Party Providers’ financial products are not intended to be official Loan Estimates as defined in the Jewelry Settlement Procedures Act or the Truth in Lending Act or otherwise serve as a disclosure of any specific loan terms or conditions under any state or federal law. Interest rates displayed through the Services are for informational purposes only and reflect non-binding quotes of the terms a Third-Party Provider might offer an applicant fitting a consumer’s anonymous profile. Actual interest rates may vary. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Except as set forth in Section 8(b)(i) above or as otherwise disclosed to you or provided in other Product’s Terms, the Tahj Companies: (a) are not a Third-Party Provider, loan originator, loan processor or underwriter; (b) do not aid or assist applicants in obtaining loans, solicit applicants or Third-Party Providers for loans, or offer or negotiate terms of applications or loans; (c) do not take mortgage applications, make loans or credit decisions or prequalify or preapprove applicants for loans; (d) are not an agent of either any consumer or any Third-Party Provider; (e) do not endorse, refer or recommend any Third-Party Provider that pays The Tahj Companies or the products of any Third-Party Provider that pays the Tahj Companies; (f) are not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) do not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.