TERMS AND CONDITIONS
Last Modified: January 20, 2019
Welcome to Fool’s Gold! These terms and conditions (“Terms”) govern and apply to anyone accessing or using the websites located at www.shopfoolsgold.com, our mobile application(s), our blog(s), and any other website(s) owned and/or operated by Diamonds Are Evil Inc. DBA Fool’s Gold (including any of its subsidiaries or corporate affiliates, collectively, “Fool’s Gold,” “we,” “us” or “our”) and any of their associated web pages (collectively, our “Services”).
Please take some time to review these Terms for our Services. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services.
Fool’s Gold reserves the right to update, change, modify or otherwise alter these Terms at any time. If any material changes are made to these Terms, Fool’s Gold will notify you by posting the revised Terms on the Services or notifying you through the Services. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. If you do not want to be bound by these Terms, do not use or access any part of the Services.
Fool’s Gold may terminate the Services or any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.
Access To and Use of the Services
Unless authorized in writing by Fool’s Gold, you may use the Services solely for your personal and non-commercial use. You agree to only access or use the Services solely for legal purposes as allowed by these Terms. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.) Amongst other things, you agree not to:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Services, including without limitation, engage in the practice of “screen scraping,” or any other similar activity;
- hack into the Services or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Services;
- damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Services;
- violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
- access or attempt to access any password-protected, secure or non-public areas of the Services without the express permission of Fool’s Gold.
For any portion of the Services that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
You can link your account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Services. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
The website and all Content (as defined below), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the Services are the property of Fool’s Gold and/or a third party (which may be indicated by a link to or from an external source, or otherwise). Content is provided through the Services “AS IS”, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Fool’s Gold be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Services.
The Services as a whole and all Content thereon is protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except as may be expressly permitted by Fool’s Gold, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on these Services, in whole or in part. Any use of the Content, except as specifically provided in these Terms, is strictly prohibited.
All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Services are owned by Fool’s Gold and/or third parties, and are collectively referred to as “Content.” The Content may contain omissions, errors, or may be out of date. Fool’s Gold reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Fool’s Gold in any way except to the extent that it is specifically indicated to be so.
We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Services are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT FOOL’S GOLD IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.
Any concerns regarding Content and/or availability of hyperlinks of a third party on the Services, which are not controlled by Fool’s Gold, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Services.
Content You Provide (User-Generated Content)
By Submitting User Generated Content to the Services, you grant, and you represent and warrant that you have the right to grant, to Fool’s Gold, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing Fool’s Gold or a third party to post User Generated Content to any public area of the Services, you grant Fool’s Gold all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.
You agree that you shall not use the Services to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another’s privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.
In the event that you do not wish for Fool’s Gold to use your User Generated Content, please do not Submit such User Generated Content to the Services. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Fool’s Gold, and Fool’s Gold makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. Fool’s Gold reserves the right to remove any User Generated Content from the Services at any time and for any reason.
Limited License; Personal, Business, and Non-Commercial Use Limitation of the Content and Services
You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Services, but only while accessing the Services. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Services for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms.
You also agree not to deep-link to the Services or any website or webpage thereof for any purpose, unless specifically authorized by Fool’s Gold. Use of any of Fool’s Gold’s trademarks as metatags on other networks is also strictly prohibited.
Fool’s Gold may make available software or applications that you can download (to your computer or mobile device) to access and use the Services. As long as you comply with these Terms, you have the right to use the software to access and use the Services for your own personal use. This license is for the sole purpose of enabling you to use and enjoy the Services in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have Fool’s Gold’s written permission.
Unauthorized Use of the Website
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Services, or transmit any worms or viruses or any code of a destructive nature on or to the Services.
You agree that you shall not use the Services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms. Illegal and/or unauthorized uses of the Services, including, but not limited to, unauthorized framing of or linking to the Services or unauthorized use of any robot, spider, or other automated device on the Services, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Linking to the Services
If Fool’s Gold authorizes you to deep-link your website or a service offered by your website to the Services, in addition to and notwithstanding anything to the contrary, you understand and agree that: (1) Fool’s Gold has no obligation to continue to provide or make the service or the Services available; (2) all conditions, disclaimers and limitations on use set forth in these Terms remain in full force and effect; (3) all intellectual property rights relating to Fool’s Gold and its technology and Content, including all ownership rights, remain the exclusive property of Fool’s Gold; (4) you will be solely responsible for the data and content that you publish on your website; and (5) Fool’s Gold may terminate your access to the Services at any time in its sole discretion.
Fool’s Gold reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in Fool’s Gold’s sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of these Services, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Services.
Terms of Sale; Risk of Loss
By placing an order with Fool’s Gold, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Fool’s Gold’s acceptance of an order. We retain the right to refuse any request made by you. Prior to Fool’s Gold’s acceptance of an order, verification of information may be required. Fool’s Gold reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Fool’s Gold, for any reason whatsoever. Fool’s Gold reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Fool’s Gold shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has has already been charged for the purchase and the order is cancelled, Fool’s Gold shall credit your account in the amount of the incorrect price.
All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.
Please see our Customer Care webpage and all related webpages for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, gift cards, product availability, no resale policy, and other helpful information. Fool’s Gold reserves the right to restrict delivery to addresses within or outside of the United States. Shipping and handling fees and applicable sales/use tax will be added by Fool’s Gold as necessary (please see our Shipping, and Ordering & Payment webpages and all related webpages for further information).
The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.
If you see objectionable content or have any questions about these Terms, please contact Fool’s Gold at the address noted below.
Although Fool’s Gold cannot monitor the conduct of its users of these Services, it is a violation of these Terms to use any information obtained from our Services in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Violation of These Terms
You agree that monetary damages may not provide a sufficient remedy to Fool’s Gold for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.
DISCLAIMER AND LIMITATION OF LIABILITY
A. Disclaimer. FOOL’S GOLD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY FOOL’S GOLD OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL PRODUCTS SOLD BY FOOL’S GOLD ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, FOOL’S GOLD MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. FOOL’S GOLD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THESE SERVICES OR LINKED TO FROM THESE SERVICES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability. IN NO EVENT SHALL FOOL’S GOLD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THESE SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FOOL’S GOLD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, FOOL’S GOLD’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.
C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
D. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
You agree to indemnify, defend and hold harmless Fool’s Gold, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney’s fees, (a) made by any third party due to or arising out of any Content Submitted, posted, or otherwise provided by you to the Services, Fool’s Gold and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. Fool’s Gold reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Fool’s Gold in asserting any available defenses.
Modification/Termination of Services
In the event of termination of the Services, you will still be bound by your obligations under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. Fool’s Gold shall not be liable to you or any third-party for any termination of your access to the Services or any portion thereof.
General Legal Provisions
These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of Arizona, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of Arizona. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Coconino, Arizona, U.S.A., for all disputes arising out of or relating to accessing or using these Services. Access to or use of these Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys’ fees and costs. No joint venture, partnership, employment or agency relationship exists between you and Fool’s Gold as a result of these Terms or use of the Services.
If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Fool’s Gold’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Fool’s Gold’s right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
© Diamonds Are Evil Inc. DBA Fool’s Gold 2015-2019, all rights reserved.
All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Fool’s Gold, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of Fool’s Gold. Any rights not expressly granted herein are reserved by Fool’s Gold.
Fool’s Gold, and all related names, logos, product and service names, designs and slogans are trademarks of Fool’s Gold or its affiliates or licensors. Such marks cannot be used without the prior written permission of Fool’s Gold. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
For more information on the trademarks of Fool’s Gold, please contact us at the address noted above.