Jared Virtual Wedding Terms of Use

IMPORTANT – READ CAREFULLY: YOUR USE OF AND ACCESS TO THE JARED VIRTUAL WEDDING SERVICES AND IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE JARED VIRTUAL WEDDING TERMS OF USE (THE “VW Terms”), WHICH INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THOROUGHLY REVIEW BEFORE ACCEPTING.

BY CHECKING THE “I ACCEPT” BOX OR BY ACCESSING THE JARED VIRTUAL WEDDING WEBSITE OR SERVICES YOU AGREE TO BE BOUND BY THESE VW TERMS INCLUDING ANY INCORPORATED POLICIES AND TERMS. THE JARED VIRTUAL WEDDING SERVICES ARE NOT AVAILABLE TO PERSONS WHO DO NOT AGREE TO OR ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE VW TERMS.

The VW Terms govern your use of the Jared Virtual Wedding services which includes but is not limited to your use of the video-conferencing application and related software, email services, video and audio recording, and use of other technology or services related the services whether such services are part of the services now or are added at a later time (the “Services”). The Services are provided by Jared the Galleria dba Sterling Jewelers Inc. and its affiliates (“Jared,” “we,” “us,” or “our”). In addition, your use of the Services is subject to any additional terms that may be posted from time to time, including, without limitation, the Privacy Policy and the Terms of Use. All such terms are incorporated into these VW Terms.

Changes to these VW Terms
At our sole discretion, we may revise, update, modify, or discontinue any part of these VW Terms, in whole or in part, at any time, by posting revised terms. We will notify you of such changes by posting the modified version and indicating the date it was last modified. We encourage you to visit these VW Terms periodically to view the latest version. All changes are effective immediately and apply to the use of all Services thereafter. Your continued use of the Services after the revised VW Terms are posted means that you accept and agree to the changes and updated VW Terms.

Services Description; Modifications to Services
The Services are designed to provide couples with assistance in planning their virtual ceremony. Use of the Services may not meet legal requirements for a wedding and we make no representation or guarantee the Services meet such legal requirements. You are responsible for understanding all legal requirements in your area. For more details about the Services, please see Jared.com/VirtualWedding.

Services may be free of charge. However, we reserve the right to change prices at any time, including changing a free service to a paid service. We will provide you with prior notice and an opportunity to terminate your use of the Services prior to changing any prices or changing a free service to a paid service.

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

Account Registration
To access and use the Services you may be required to register and create an account. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the applicable registration form.

You are responsible for maintaining the confidentiality of your password and account and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us 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 when accessing the Service. We will not be liable for any loss or damage arising from your failure to comply with these requirements.

We may contact you from time to time to verify your identity, and you may be asked to provide basic information about yourself to verify your account. We reserve the right to terminate your account, to refuse any and all current or future use of the Services, by you or anyone else, each as we deem appropriate in our sole discretion for any reason. We reserve the right to terminate accounts that are inactive for an extended period of time.

Recordings; Consent to be Recorded
You are responsible for compliance will all recording laws. By using the Services, you are giving us consent to store recordings for any or all Services that you join and we may use a copy of such recording(s) for any purposes including providing a copy to other users of the Services. If you do not consent to being recorded, you should not use the Services.

Use of the Services; Restrictions

Service Restrictions and Limitations
We may establish certain restrictions and limits concerning the Services which may change from time to time. Restrictions and limitations of the Services include:

  • Audio and video participants and number of unique devices for virtual weddings may be limited.
  • We may place limits of the length of time allotted for virtual wedding ceremonies.
  • Virtual Weddings must be schedule for available dates. There is no guarantee that a particular date or time will be available.
  • As a convenience, we may make a video and/or audio recording of the virtual wedding available to the couple at our discretion. Video and/or audio recordings will only be available to view and download for ninety (90) days from the date of the virtual wedding. We are not responsible or liable in the event a recording is not available, has been deleted or corrupted, or is otherwise not available.
  • Emails will be sent to the couple and guests invited by the couple. Emails may not be received by the couple or guests for a number of reasons including personal email settings or if a person has opt-ed to not receive emails from us in the past. We are not responsible if you or guests do not receive an email.

General Restrictions and Limitations
The following general restrictions and limitations apply to the Services:

  • You must be eighteen (18) years of age or older to use the Services.
  • The Services are available and intended for use within the United States of America.
  • You agree not to use the Services to:
    • email or otherwise upload any content that (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload under any law or under contractual or fiduciary relationships; (c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) poses or creates a privacy or security risk to any person; (e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (f) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (g) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or other users to any harm or liability of any type;
    • interfere with or disrupt the Service or servers or networks connected to the Service; or
    • violate any applicable local, state, national or international law, or any regulations having the force of law;
    • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • solicit personal information from anyone under the age of 18;
    • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
    • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
    • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
    • for use the Services other than as intended. You may not use the Services for critical safety or other applications where any failure may reasonably be anticipated to result in bodily injury, loss of life, or catastrophic damage to property; and
    • display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. The Services is for your personal use.

User Content Transmitted Through the Services
The Services may contain product reviews, discussion forums, and other types of user generated content, or other areas or services where you or third parties may create, post, or store any content, messages, or other material (collectively "User Contributions"). Jared neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. We will not be liable for any loss or damage caused by your reliance on User Contributions.

Any User Contributions you post through the Services will be considered non-confidential and non-proprietary. By posting User Contributions through the Services, you grant us and our affiliates, service providers, licensees, successors and assigns a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any User Contributions; (iii) disclose any User Contributions, and the circumstances surrounding its transmission, to any third party; and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JARED AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM YOUR USE OR MISUSE OF THE SERVICES.

You represent and warrant that:
You own or control all rights in and to your User Contributions and have the right to grant the license set forth above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

All of your User Contributions do and will comply with these VW Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Jared, have full responsibility for your User Contributions, including their legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Third Party Material
Some of all of the Services may be provided by third parties and may be subject to additional terms of such third parties. Under no circumstances will we be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, and that we have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, we have the right to remove any content that violates these VW Terms or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Third Party Websites
The Services may provide, or you or other third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we are 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree we are not liable for any loss or claim that you may have against any such third party.

Service Content, Software and Trademarks
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith is the property of us and our partners and you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right therein Any rights not expressly granted herein are reserved by us.

Mobile Services
To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, accessing or using the Services may be prohibited or restricted by your carrier, and the Services may not work with all carriers or devices.

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Services or files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICE AND ITS CONTENT AND ANY RELATED SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY RELATED SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY RELATED SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY RELATED SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OR WITHIN THE SERVICES OR SUCH OTHER SERVICES OR ANY RELATED SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to indemnify, defend and hold harmless us, our affiliates, licensors and service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these VW Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Service's content and products other than as expressly authorized in these VW Terms or your use of any information obtained from the Services.

Disputes

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

Agreement to Arbitrate

You and Jared agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to these VW Terms or the Services, or to any products or services sold or distributed by us or through the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these VW Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

The arbitration hearing will be held in the United States. You or Jared may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Jared subject to the arbitrator's discretion to require an in-person hearing.

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Jared clients, but is bound by rulings in prior arbitrations involving the same Jared client to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator's award may be entered in any court having jurisdiction.

Prohibition of Class, Representative, and Consolidated Actions

You and Jared agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Jared agree otherwise, the arbitrator may not join more than one party's claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Jared clients.

If for any reason a claim proceeds in court rather than in arbitration both you and Jared each waive any right to a jury trial. You and Jared also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Governing Law and Jurisdiction
Any dispute or claim relating in any way to these VW Terms or previous versions of these VW Terms, your use of the Services, or any products or services sold or distributed by Jared or through the Services, shall be governed by and construed in accordance the laws of the State of Ohio without regard to the principles of conflicts of law.

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these VW Terms or previous versions of these VW Terms, your use of the Services, or any products or services sold or distributed by Jared or through the Services, shall be instituted exclusively in the federal or state courts located in Summit County, State of Ohio. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Termination and Suspension of the Services
You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if we believe you have violated or acted inconsistently with the letter or spirit of these VW Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. We may also in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these VW Terms may be without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that we will not be liable to you or any third-party for any termination of your access to the Services. In the event of termination or expiration of these VW Terms, we shall retain the right to keep any and all content and information you added on to the Services.

User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Services and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.

Severability
If any portion of these VW Terms is unlawful, void or unenforceable, the remaining provisions will remain in place.

Entire Agreement
The VW Terms, Privacy Policy, Terms of Use, and all additional terms contained herein, constitute the entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous negotiations, agreements, proposals and understandings both written and oral, with respect to the Services.

Contact
For all questions, please contact us at https://www.jared.com/contact-us.