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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use this site. This site is owned and operated by J. Foster Jewelers. J. Foster Jewelers reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. You are advised to review the terms and conditions periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
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Acceptable Uses
You may use this site for legitimate purposes only. You may not harm the site in any way or otherwise use the site in any improper manner, including, but not limited to hacking into the site's systems, spoofing or faking email headers or slowing or stopping the functionality of the site.
In the event you register you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or J. Foster Jewelers suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, J. Foster Jewelers, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the site.
You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify J. Foster Jewelers of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. J. Foster Jewelers will not be liable for any loss or damage arising from your failure to comply with this paragraph. |
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Information on Web
At J. Foster Jewelers, we make every attempt to ensure that our e-catalogs are as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and Federal Trade Commission regulations, J. Foster Jewelers states that carat total weight in all purchases may vary 0.05 carats from stated weight.
On the J. Foster Jewelers Web site, we display the dimensions of our products based on the information received from our manufacturers. For any convex or rounded jewelry item, the width and length stated in the product description is taken by the manufacturer, prior to the rounding of the metal in the manufacturing process, which may lead to a discrepancy in any measurements taken after this process.
Also, for each item containing multiple diamonds, we list the average grade and measurement for color, clarity, and carat weight. These averages are calculated by adding all grades or measurements that comprise the inventory with regard to that particular piece of merchandise, and determining the closest mean.
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Product Descriptions
J. Foster Jewelers attempts to be as accurate as possible. However, J. Foster Jewelers does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. We are not responsible for the products shown on the website that are not J. Foster products and not liable for accuracy and quality of such products in any condition. The customer is solely responsible for such products and information in all consequences arising thereof.
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Copyright and Trademark
All contents are protected by U.S. and international copyright, © 2006 J. Foster Jewelers. All rights reserved are trademarks or service marks of J. Foster Jewelers.
J. Foster Jewelers reserves all of its rights with regard to those marks and any other J. Foster Jewelers trademarks or service marks appearing herein. This site may also contain trade names and trademarks of other companies that are the property of their respective owners.
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Trademarks and Patents
J. Foster Jewelers and other J. Foster Jewelers graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of J. Foster Jewelers in the U.S. and/or other countries. J. Foster Jewelers trademarks may not be used in connection with any product or service that is not J. Foster Jewelers, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits J. Foster Jewelers. All other trademarks not owned by J. Foster Jewelers that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by J. Foster Jewelers.
One or more patents apply to this Site and to the features and services accessible via the Site, including without limitation: U.S. Patent Nos. x,xxx,xxx; x,xxx,xxx; and all corresponding foreign counterparts. Portions of this Site operate under license of U.S. Patent Nos. x,xxx,xxx; x,xxx,xxx; and x,xxx,xxx.
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License and Site Access
J. Foster Jewelers grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of J. Foster Jewelers. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of J. Foster Jewelers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of J. Foster Jewelers and our affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing J. Foster Jewelers name or trademarks without the express written consent of J. Foster Jewelers. Any unauthorized use terminates the permission or license granted by J. Foster Jewelers. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of J. Foster Jewelers so long as the link does not portray J. Foster Jewelers, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any J. Foster Jewelers logo or other proprietary graphic or trademark as part of the link without express written permission.
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Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. J. Foster Jewelers reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
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Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. J. Foster Jewelers reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant J. Foster Jewelers a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant J. Foster Jewelers and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify J. Foster Jewelers or its affiliates for all claims resulting from content you supply. J. Foster Jewelers has the right but not the obligation to monitor and edit or remove any activity or content. J. Foster Jewelers takes no responsibility and assumes no liability for any content posted by you or any third party.
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Copyright Complaints
J. Foster Jewelers respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
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Risk of Loss
J. Foster Jewelers is not involved in online selling or shipping hence not responsible for any loss if a customer purchases any product online from any of our customer's website. All responsibility and risk of loss is directly concerned to the purchasers and the customer website only.
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Restrictions on Use of Materials
This site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos, graphics including product images, logos, and graphical "look and feel" user interface, web site information architecture, functional site features and layout, the worldwide rights to which are owned by J. Foster Jewelers, its related entities, and its licensors or licensees.
You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.
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Disclaimer
This site and all materials contained on it are distributed and transmitted on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose.
J. Foster Jewelers does not warrant that:
(a) the contents of this site will be accurate, reliable or error-free, or that any errors in such contents will be corrected;
(b) that this site or the server that makes it available are free of viruses or other harmful components; or
(c) that your use of this site will be uninterrupted.
In addition, from time to time on http://jfosterjewelers.com we provide links to third party sites as a service to our customers. When you click on these external links, you will bring up a window or be sent to a third party web site that is not http://jfosterjewelers.com. J. Foster Jewelers Jewelers does not verify, validate, warrant or endorse any product or information found on any third party site.
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Limitation of Liability
Under no circumstances and under no legal theory (including, but not limited to, negligence) shall J. Foster Jewelers be liable to you or any other person for any damages, whether direct, indirect, special, incidental, consequential, punitive or otherwise that result from, arise out of, or are in connection with the use of or access to, or the inability to use or access, this site or its contents, or third party sites linked to from http://jfosterjewelers.com, even if J. Foster Jewelers has been advised of the possibility of such damaged links.
This site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because J. Foster Jewelers has no control over such sites and resources, you acknowledge and agree that J. Foster Jewelers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that J. Foster Jewelers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
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Indemnification
You agree to indemnify, defend, and hold harmless, J. Foster Jewelers, its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. J. Foster Jewelers reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with J. Foster Jewelers in asserting any available defenses.
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Suggestions
Please note that any suggestions, materials, ideas or comments submitted to J. Foster Jewelers shall be deemed not confidential. You hereby grant J. Foster Jewelers an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments (other than your name) for any purpose whatsoever.
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Jurisdiction and Governing Law
This site is controlled and operated by J. Foster Jewelers from its offices in Maumee, United States of America. Although this site can be accessed from other locations, by accessing this site you agree that these terms of use shall be governed by and construed in accordance with the laws of the State of Maumee, without giving effect to its conflicts of law principles. You also consent to personal jurisdiction in the Maumee City and State of Maumee for any dispute arising hereunder. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
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Termination
All of these terms of use are material. Upon any breach by you of any such term, your right to access, download and otherwise use this site, all materials obtained from this site and all copies thereof shall immediately terminate.
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Other Terms
If any of these terms of use is unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms. These terms of use constitute the entire agreement between J. Foster Jewelers and you relating to the subject matter herein. J. Foster Jewelers shall have the right to change or modify these terms of use at any time. J. Foster Jewelers reserves the right to terminate the services if any of the conditions mentioned in the 5th and 13th clause is violated by any means. J. Foster Jewelers also reserves the right to discontinue the services if the customer provides any illegitimate warranty or shipping, purchasing benefits that J. Foster Jewelers finds in appropriate and no risk of loss is concerned with J. Foster Jewelers in anyways and can lead to termination of services. The customers are also advised to check the terms of use and legal information from time to time as we keep on updating the information. The education section and advise section doesn't guarantee your purchase and you are advised to purchase as per your discretion and not totally depending upon the information provided in the education section it is meant only for the purpose of educating the viewers. Please read carefully the specific information on Jewelry as it is a limiting factor and can degrade the quality of stone metal or jewelry. We don't take any responsibility of any product to be authentic and accurate that you suppose purchase after going through the education. You are advised to ask for legitimate warranty from the local shopper J. Foster Jewelers is not concerned with any of your local purchase.
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Specific Information on Jewelry, diamonds, gemstones, and metals
Diamonds: Weight and Total Carat Weight
We certify that your jewelry purchase is made with authentic gold or platinum with genuine diamonds and/or gemstones as per the quality promised by J. Foster Jewelers. Please note that the total carat weight (tcw) of diamond solitaire pieces may vary from the listed carat weight by .01 to .05 carat. The total weight of multiple diamond gemstone pieces may vary about .01 to .08 carat from the listed carat weight.
Precious and Semi-precious gems
Most natural precious and semiprecious gemstones are treated or enhanced to intensify color, diminish imperfections, and improve durability. Explained below are the most common and accepted treatments for different types of colored gemstones.
Oiling
Oiling is an ancient process that is used to enhance the clarity of emeralds. Oil is applied to the emerald and seeps into naturally caused fissures that reach the stone's surface. Aside from improving clarity, this process may prevent brittleness. Generally, oil treatment does not provide permanent results, and oil may need to be reapplied every few years. Special care is required for cleaning, repairing, or mounting oiled stones.
Heating
Heating is a widely accepted enhancement process that is used to treat rubies, sapphires, amber, aquamarine, amethyst, citrine, tiger eye, tanzanite, topaz and tourmaline. This treatment improves the transparency of the stone and enhances its color. Since heat generally produces permanent results, heated stones do not require repeated special treatments.
Diffusion
Diffusion is a method that is occasionally used on sapphires. During treatment, a colorless sapphire is coated with a compound of titanium and oxide and is exposed to heat. This enhances and/or changes the color of the stone and generally does not require special follow-up treatments.
Irradiation
Irradiation is a type of heat treatment that is often used on blue topaz gemstones. The brown stone is irradiated to produce the blue color. Irradiated stones do not require special care. Should you have any further questions or concerns regarding diamonds, gemstones, precious metals and/or J. Foster jewelry selections, please feel free to reach us at contactus@jfosterjewelers.com
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Warranties
Except as otherwise provided herein and for written warranties that accompany products purchased through the site, and then only with respect to such specific products and subject to the terms and conditions contained in such warranty for such specific products, the site, products, services and materials are provided on an "as is, as available" basis, and http://jfosterjewelers.com expressly disclaim any and all warranties to users and customers, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, availability and non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Except for bodily injury, in no event shall http://jfosterjewelers.com be liable to users with respect to the site, products, services, or materials (i) for any amount in the aggregate in excess of the fees paid by users and customers therefore; or (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever, including (without limitation), loss of data, income or profit, loss of or damage to property. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
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