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Terms and Conditions of Use
Please read our Terms and Conditions carefully. Your use of this site (www.silverminedirect.com) indicates your acceptance of these terms and conditions.
1.1 ACCEPTANCE OF TERMS AND CONDITIONS
Please read our Terms and Conditions carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order or orders indicates your acceptance of these terms and conditions. Website Owner reserves the right to make changes to this site and these terms and conditions at any time. Website Owner Reserves the right to change and amend this terms and conditions at any time without notice to you. Such changes and amendments shall become effective immediately upon the posting of same to the website owners website.
2. INFORMATION ON THE WEBSITE
While every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, products offered, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
2.1 Website Data and information, including prices and availability, may be inaccurately displayed on our Website due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices or availability issues. Occasionally an item may go out of stock before we are able to post a notification on the Website. If this happens, we will contact you directly or cancel your order. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. The Website Owner shall have the right to refuse or cancel any and all orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Website owner shall issue a credit to your credit card account in the amount of the cancelled order.
3. TRADE MARKS
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
4. EXTERNAL LINKS
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. PUBLIC FORUMS AND USER SUBMISSIONS
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, blogs, product reviews, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
5.4 violate any copyright, trade mark, other applicable United States or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
5.6 or for any other reason the website owner deems in its sole discretion is necessary.
6. SPECIFIC USE
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, products sold, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
7.1 Product Return Policy: Sale of engraved items is final and will not be refunded. We're certain you'll be happy with your merchandise. We take extra care to fully describe our items, including any flaws. If you have any questions about the item(s) you are ordering, please email us before placing your order. If that rare occasion arises where you feel you must return an item, please contact us for return instructions within three (3) days (by phone or email) of receipt of your item(s). Upon our receipt and inspection of the returned item(s), we will issue a refund for your item(s) if returned in the same condition as it was when it was sent to you excluding any shipping/insurance costs for which you were responsible. Buyer is responsible for return shipping/insurance costs, which will not be reimbursed for any reason. Returned merchandise must be received by us within seven (7) days of the date from which you contact us regarding the return.
8. DISCLAIMER OF LIABILITY
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, products sold on this website, implied warranties of merchant-ability, fitness for a particular purpose, or any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, loss of use, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
You agree to defend, indemnify and hold harmless the Website Owner, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against the Website Owner and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
8.2 DISCLAIMER OF WARRANTY
Except as expressly provided to the contrary in a writing by website owner, this site, the content contained therein and the products and services provided on or in connection therewith (the "products and services") are provided on an "as is" basis without warranties of any kind, either express or implied. Website Owner disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchant-ability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in our site. Website Owner does not represent or warrant that materials in our site or the services are accurate, complete, reliable, current or error-free. Website Owner does not represent or warrant that our site or its servers are free of viruses or other harmful components.
8.3 LIMITATION OF LIABILITY
In no event shall Website Owner, its directors, members, employees or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of our site, the products and services, or the content contained in or accessed through our site, including without limitation any damages cased by or resulting from reliance by user on any information obtained from Website Owner, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Website Owners records, programs or services.
9. USE OF THE WEBSITE.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than the United States of America). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
10.1 ENTIRE AGREEMENT.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 APPLICABLE LAWS.
These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the State of Florida, applicable to agreements made and to be entirely performed within the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Pinellas County, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
10.8 COMMENTS OR QUESTIONS.
PO Box 1343
Palm Harbor Fl 34682-1343