CONDITIONS OF USE
Welcome to BadlersLastCall.com.
Badler´s Last Call Ltd. provides this site and the products offered thereon to you subject to the following conditions. If you visit or shop at BadlersLastCall.com you accept these conditions. Please read them carefully.
All content included on this site, including, but not limited to, text, graphics, logos, button icons, images, digital downloads, and data compilations is the property of Badler´s Last Call Ltd. or Maurice Badler Fine Jewelry Ltd., its principals or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Badler´s Last Call Ltd. and is protected by U.S. and international copyright laws. You may not use any of the content or software of this site without the expressed prior written consent of Badler´s Last Call Ltd. for each such use.
Maurice Badler, Maurice Badler Fine Jewelry Ltd, badler.com, scripts, and service names are trademarks or trade dress of Maurice Badler Fine Jewelry Ltd. or its principals. Badler´s Last Call Ltd., Last Call, BadlersLastCall.com scripts, and service names are trademarks or trade dress of Badler´s Last Call Ltd. or its principals. These trademarks and trade dress may not be used in connection with any product or service that is not Maurice Badler Fine Jewelry Ltd.´s product or service, or Badler´s Last Call Ltd´s product or service, and may not be used in any manner that is either likely to cause confusion among customers or users of this site (and/or potential customers or users of this site) or that disparages or discredits Badler´s Last Call Ltd., Maurice Badler Fine Jewelry Ltd., its principals, employees or suppliers. All other trademarks that appear on this site are the property of their respective owners and you may not do anything with them without the prior consent of such owners.
LICENSE AND SITE ACCESS
Badler´s Last Call Ltd. 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, without the express prior written consent of Badler´s Last Call Ltd. for each such incidence. 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; or any use of data mining, robots, or other data gathering and extraction tools. This site and any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the express prior written consent of Badler´s Last Call Ltd. for each such incidence. You may not frame or utilize framing techniques or the like to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form). You may not use any meta tags or any other "hidden text" utilizing the Badler´s Last Call Ltd. or Maurice Badler Fine Jewelry Ltd. names or trademarks. Any unauthorized use of this site or any of its content terminates the permission or license granted to you for the lawful or permitted uses of this site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BadlersLastCall.com so long as the link does not portray BadlersLastCall.com, badler.com, Badler´s Last Call Ltd., Maurice Badler Fine Jewelry Ltd, or its products, services or suppliers in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo belonging to Badler´s Last Call Ltd., Maurice Badler Fine Jewelry Ltd., its principals or suppliers or any others´ proprietary graphic or trademark as part of the link.
Badler´s Last Call Ltd. attempts to be as accurate as possible. However, Badler´s Last Call Ltd. does not warrant that product descriptions, pictures or other content of this site are accurate, complete, reliable, current, or error-free. If the product you purchased is not as described or pictured, Badler´s Last Call Ltd. shall have the right to correct the description, picture or other error and your sole remedy shall be the right to a refund of the amount paid by you, provided and on the condition that you return the purchased product in unused condition, together with original packaging.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BADLER´S LAST CALL LTD. ON AN "AS IS", "AS AVAILABLE" BASIS. BADLER´S LAST CALL LTD. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS DISPLAYED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BADLER´S LAST CALL LTD. AND MAURICE BADLER FINE JEWELRY LTD. DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BADLER´S LAST CALL LTD. AND MAURICE BADLER FINE JEWELRY LTD. DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BADLER´S LAST CALL LTD. OR MAURICE BADLER FINE JEWELRY LTD. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BADLER´S LAST CALL LTD. AND MAURICE BADLER FINE JEWELRY LTD., ITS EMPLOYEES OR PRINICPALS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
By visiting BadlersLastCall.com or purchasing products through this site you agree that the laws of the state and city of New York, without regard to principles of conflict of laws, will govern these Conditions of Use, your use of this site, the shipment contract for your purchases through this site and any dispute that might arise regarding those matters.
Any dispute relating in any way to your visit to or use of BadlersLastCall.com, or to products you purchase through badler.com and the shipment contract for such purchases shall be submitted to confidential arbitration in New York City, New York except to the extent you have in any manner violated or threatened to violate any intellectual property rights, for which intellectual property right violations or threatened violations you agree Badler´s Last Call Ltd. and/or Maurice Badler Fine Jewelry Ltd. may seek any and all legal and equitable relief, including injunctive relief, in any state or federal court in and for New York County, New York, free of any and all restrictions contained herein and you consent and agree to exclusive jurisdiction and venue of such courts.
Arbitration under this agreement shall be conducted under the commercial arbitration rules then prevailing of the American Arbitration Association (the "AAA") before a single arbitrator selected by Badler´s Last Call Ltd. and/or Maurice Badler Fine Jewelry Ltd. from a pool of ten arbitrators randomly selected by the AAA. The arbitrator´s award shall be in writing, shall be final, binding and conclusive with neither party having a right to any appeal, and may be entered as a judgment in any court of competent jurisdiction. Each party agrees that it shall pay their own fees and costs of arbitration and that the arbitrator is not authorized to award any party any sum for the time, costs and expenses, including legal fees, of the arbitration. Each party also agrees that the arbitrator shall not have any right to award punitive damages.
MODIFICATION AND SEVERABILITY
Badler´s Last Call Ltd. and/or Maurice Badler Fine Jewelry Ltd. reserves the right to make changes to its sites, policies, and these Conditions of Use at any time without prior notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable from these Conditions of Use and shall not affect the validity and enforceability of the remaining conditions thereof.