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Terms and Conditions

Welcome to www.Ritani.com (the "Site"). Thank you for your visit. The terms and conditions set forth on this page (the "Terms of Use") govern the use of the Site and any products and/or services offered through or in connection with use of and/or access to the Site (collectively, the "Services"), as provided by Electronic Commodities Exchange, L.P. (d/b/a Ritani) ("Ritani", "we", "us" or "our"). These Terms of Use apply to all visitors, users, subscribers, and others who access and/or use the Services ("you" or "your") Please read them carefully. BY USING THE SITE AND SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time upon written notice or posting to the Site. If we do this, we will will indicate at the bottom of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly review these Terms of Use.

You acknowledge that by clicking “I agree” and/or registering for and/or accessing, browsing, and/or using the Site: (i) you have read, understand, and agree to these Terms of Use and to the collection and use of your personal information as set forth in our Privacy Policy; (ii) these Terms of Use are legal equivalents of signed, written contracts, and equally binding; (iii) if you are accessing and/or using these Services on behalf of a company, organization, or other entity, “you,” as used in these Terms of Use, includes you and that company, organization, or other entity; and (iv) you represent and warrant you are an authorized representative of that company, organization, or other entity with the authority to bind that company, organization, or other entity to these Terms of Use, and you agree to these Terms of Use on that company, organization, or other entity’s behalf.


PRODUCT AVAILABILITY AND PRICING

If the piece of jewelry or diamond you were interested in is no longer available, call us and we can tell you when the jewelry item will be back in stock, or we can help you find a similar diamond. There are times when a diamond or jewelry item may be sold before we are able to remove it from the Site. If this happens and you order an item that is no longer available, you will be contacted so that we can help you find something similar.

Data, including prices, may be inaccurately displayed on our Site 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. 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. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our customer service representatives at care@ritani.com or 1.888.9RITANI (1.888.974.8264).


REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that:

  • you will not use or access the Site or Content (as defined below) if you are not able to form legally binding contracts (for example, if you are under 18 years old);
  • you will not reverse engineer, de-compile or reverse compile any of our technology, including any software or Java applets associated with the Site and/or the Content;
  • unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Site and/or the Content;
  • you will access and use the Site in compliance with any and all applicable law(s), rules(s) or regulation(s) (whether in the United States or other countries) and the terms and conditions of these Terms of Use; and
  • you have all consents, rights and authority to provide and submit any and all information and content provided and submitted by you using the Site and/or the Content and all such information and content: (1) are true, accurate, current and complete and we may rely on such information and content; (2) are not libelous, defamatory, indecent, obscene, harassing, hateful or violent; (3) are not meant to harm us or any third parties; (4) do not constitute or include viruses or other harmful codes; (5) as well as their anticipated uses, do not violate, infringe or misappropriate any copyright, patent, trademark or other proprietary rights, or right of publicity or privacy of us or any third party; and (6) do not violate these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries).

OWNERSHIP AND COPYRIGHT

The Site is owned and operated by Ritani. Unless otherwise noted, all design and content included therein, including text, graphics, logos, icons, images, artwork, audio and video clips and software (“Content”) is the property of Ritani (or is used under license to Ritani) and is protected by United States and international copyright laws. Ritani reserves all right, title and interest in and to such Content.


TRADEMARKS

Ritani, Ritani.com, and other marks indicated on the Site are trademarks and/or service marks of Ritani or its affiliates. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress of Ritani. Ritani's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Ritani's ,in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Ritani. All other trademarks related to the products sold on the Site are the sole property of their respective owners.

Nothing on the Site or in these Terms of Use should be construed as any license or right to use any trademarks or service marks displayed therein without the express written permission of Ritani or the trademark or service mark owner. Neither the names "Ritani.com" or "Ritani" nor Ritani's logos may be used for any purpose without Ritani's prior written consent. Ritani's logos may not be used as a link to any other web site without Ritani's prior written consent.


USE OF SITE AND CONTENT

The Site and Content are intended solely for personal and non-commercial use by visitors and online shoppers. Any use of the Site or accompanying Content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of the Site. However, you may download, electronically copy and print any of the Content for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the Content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the Content, or (c) remove any copyright, trademark registration, or other proprietary notices from the Content. You further agree not to access or use the Site in any manner that may be harmful to its operation or Content.


MODIFICATION TO THE SITE

Ritani reserves the right to modify or discontinue, temporarily or permanently, Site, Content or Services or any part of any of the foregoing with or without notice. You agree that Ritani shall not be liable to you or to any third party for any such modification, suspension or discontinuance.


YOUR ACCOUNT

You can view and change your opt-in status (except for regions outside of U.S.) for email communications with Ritani, including administration, marketing, event planning, email discussion lists, and other uses as described on the Site and these Terms of Use at any time from your account on Ritani.com, but always have the opportunity to opt-out via a link in the footer of all non-transactional email messages sent by Ritani.com. Alternatively, you can email us at care@ritani.com. Some communications (e.g., important account notifications and billing information) are considered transactional and are necessary for all Ritani customers.


COMMENTS AND SUGGESTIONS

We appreciate hearing from our customers and welcome your comments and suggestions regarding the Site and Services, including the products offered for sale by Ritani, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.

If you do submit comments or suggestions, you should be aware that Ritani's policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. Ritani values your feedback on our products and our service but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to Ritani will become the property of Ritani and shall not be subject to any obligation of confidentiality on the part of Ritani. Ritani shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Ritani shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.


COPYRIGHT COMPLAINTS

Ritani respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Ritani of your infringement claim in accordance with the procedure set forth below.

Ritani will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Ritani’s Copyright Agent at [copyright@ritani.com] for (Subject line: “DMCA” Takedown Request). You may also contact us by mail at:

Attention: Copyright Agent
Ritani.com
30 Dr. Martin Luther King Blvd.
White Plains, NY 10601

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located, with enough detail that we may find it;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.

COUNTER-NOTICE

If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within New York County, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Ritani will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at your sole discretion.


REPEAT INFRINGER POLICY

In accordance with the DMCA and other applicable law, Ritani has adopted a policy of terminating, in appropriate circumstances and at Ritani's sole discretion, members who are deemed to be repeat infringers. Ritani may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


PRODUCT DESCRIPTIONS

Ritani makes all reasonable efforts to display the products listed for sale on its Site as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Ritani cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, Ritani does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Ritani makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Ritani reserves the right to refuse sale of that item. If the pricing error is discovered after payment has been finalized, Ritani reserves the right to cancel the sale and refund the transaction in full. If a product offered by Ritani is not as described, your sole remedy is to return it in unused condition.

In compliance with industry standards and FTC regulations, Ritani states that carat total weight in all purchases may vary 0.05 carats from stated weight. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated. Total carat weights for engagement rings are based on a 1 carat round cut diamond ring in a size 6.5. The total carat weight may vary based on head shape, size of the center stone, and finger size.


OTHER SITES

The Site contain links to web sites that are not maintained by Ritani. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link on the Site does not imply Ritani's endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.


FREE IN-STORE PREVIEW

Free In-Store Preview may not be available in all areas.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE, SERVICES, CONTENT, MATERIALS AND INFORMATION PROVIDED BY RITANI ON ANY ITS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOU ASSUME THE ENTIRE RISK OF AND AGREE THAT RITANI NOR ANY OF AFFILIATES EXISTING FROM TIME TO TIME (“RITANI ENTITIES”) SHALL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTIES, AND AGREE TO RELEASE AND DISCHARGE ALL OF THE RITANI ENTITIES FROM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY LOSS, COST, CLAIM OR DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR OTHERWISE) ARISING OUT OF THE SITE, SERVICES, CONTENT OR YOUR USE OR ACCESS TO ANY OF THE FOREGOING OR RELATING TO THE QUALITY, ACCURACY, SECURITY, PERFORMANCE, OR FAILURE OF THE SITE, SERVICES, CONTENT, ANY PROPRIETARY OR THIRD PARTY TECHNOLOGY OR SERVICE WE MAY USE TO PROVIDE THE SITE, SERVICES, CONTENT OR ANY INFORMATION OR CONTENT RECEIVED FROM, OR CREATED BY YOU OR ANY THIRD PARTY. RITANI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON ITS SITE(S). YOU AGREE THAT YOUR ACCESS TO, AND USE OF THE SITE, SERVICES, AND/OR CONTENT IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RITANI DISLCAIMS ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY RELATING TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, TIMELINESS, CURRENCY, ABSENCE OF VIRUSES OR DAMAGING OR DISABLING CODE, ANY WARRANTIES OR REPRESENTATIONS THAT THE SITE, COTENTENT SERVICES OR ACCESS TO ANY PORTION OF IT WILL BE (I) UNINTERRUPTED OR ERROR-FREE, OR (II) THAT DEFECTS IN THE SITE, CONTENT OR SERVICES WILL BE CORRECTABLE OR CORRECTED, OR OTHER ATTRIBUTES, WHETHER EXPRESS OR IMPLIED (IN LAW OR IN FACT), ORAL OR WRITTEN, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE HAVE NO RESPONSIBILITY TO INFORM OF ANY DIFFICULTIES WE OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE SITE, SERVICES OR CONTENT OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWS, WE ALSO WILL HAVE NO DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE THE SITE, SERVICES OR ANY CONTENT DISPLAYED IN OR AVAILABLE THROUGH THE SITE OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION AND THE INDEMNITY BELOW EQUITABLY ALLOCATE THE RISKS BETWEEN US AND YOU. YOU UNDERSTAND THAT OUR PROVISION TO YOU OF ACCESS TO THE SITE, SERVICES OR CONTENT IS SET IN RELIANCE UPON THIS ALLOCATION OF RISK AND THE EXCLUSION OF DAMAGES SET FORTH IN THESE TERMS OF USE.


LIMITION OF LIABILITY

EXCEPT TO THE EXTENT A COURT OF APPLICABLE JURISDICTION FINDS IN A NON-APPEALABLE JUDGMENT THAT SUCH LIABILITY RESULTED DIRECTLY AND PRIMARILY FROM RITANI’S WILLFUL MISCONDUCT OR FRAUD, RITANI’S LIABILITY (WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF RITANI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO YOU OR ANY THIRD PARTIES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). IN ANY EVENT, RITANI WILL NOT HAVE ANY LIABILITY (WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF RITANI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFIT, BUSINESS, GOODWILL, REVENUE, OPPORTUNITY, USE, OR DATA (IN EACH CASE, WHETHER DIRECT OR INDIRECT), OR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.


INDEMNITY; WAIVER

You agree to indemnify, defend and hold harmless Ritani, its affiliates existing from time to time, and its and their respective partners, members, directors and officers ("Ritani Entities") from any and all claims, judgments, causes of action, liabilities, obligations, damages, losses, deficiencies, costs, penalties, interest and expense (including without limitation, the reasonable fees and expenses of counsel), in each case as incurred arising from or in connection with (i) the Site, Content and/or the Services or any and all access or use of any of the foregoing, including without limitation, by or through you, (ii) your violation of any third-party right, including without limitation, any right of privacy or intellectual property rights, (iii) your violation of any applicable law, rule or regulation, and/or (iv) any breach by you of these Terms of Use.

If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."


TERMINATION

You agree that Ritani, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Ritani believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. Ritani may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Ritani 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 Site. Further, you agree that Ritani shall not be liable to you or any third-party for any termination of your access to the Site.


APPLICABLE LAW

By using the Services, including visiting the Site, you agree that the law of The State of New York, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and Ritani. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Ritani relating to your access to and use of the Site.


DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including the Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before one (1) neutral arbitrator selected by the American Arbitration Association. The place of arbitration shall be New York, New York. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under these Terms of Use, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy).


GENERAL

These Terms of Use, together with the Privacy Policy constitute the entire agreement between you and Ritani and govern your use of the Site, superseding any prior agreements between you and Ritani with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use third party services, third-party content or third-party software. The failure of Ritani to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to the Terms of Use or other matters by displaying notices or links to notices generally on the Site. The Site is operated by Ritani in New York. Ritani makes no representations that the contents of any of the Site are appropriate or available for use in other locations. Visitors who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local law.

Once again, we thank you for your interest in Ritani. We hope that your experience on the Site is enjoyable. Please contact us at legal@ritani.com to report any violations of the Terms of Use or to pose any questions regarding these Terms of Site.

Last updated: May 28th, 2020