This website www.jacobmercari.com (the “Site”) is owned and operated by Jacob Mercari Inc. (“we”, “us” and “our”). These Terms and Conditions explain how you may use this Site. Please read these Terms and Conditions carefully before using this Site. Your access or use of this Site constitutes your agreement to be bound by these Terms and Conditions. If you do not agree with or accept these Terms and Conditions, you should cease using this Site immediately.
We reserve the right to amend these Terms and Conditions from time to time without prior notice and without incurring any liability. Any changes to these Terms and Conditions will be effective immediately. Your continued access to or use of this Site after such changes take place indicates your acceptance of these Terms and Conditions as modified.
Information on our Site
This Site and the information on it provided strictly for your convenience. Although we strive to ensure that information placed on the Site is accurate, we do not represent, warrant or promise that the information on this Site is or remains accurate, complete, up to date, free from bugs, or suitable for any particular purpose, except as specifically indicated in these Terms and Conditions.
The information contained on this Site is subject to change and can be updated without prior notice. In rare circumstances, information on this Site, including prices, may be inaccurately displayed. Inadvertent errors or inaccurately advertised prices are not binding on us, and may be adjusted at any time. We reserve the right to correct any and all errors when they do occur.
All of our mined diamonds are GIA certified and have been purchased from legitimate sources not involved in funding conflict and in compliance with United Nations resolutions.
Information pertaining to the size, weight, colour, clarity and quality of our diamonds is supplied by the manufacturer. Size, weight, colour, clarity and cut of loose diamonds are verified by GIA. We endeavour to post the most accurate information possible about all our diamonds and mounted rings. For rings with multiple diamonds average weights are listed on this Site. Carat total weight and size may vary slightly from the stated weight and size for mounted and semi mounted rings.
We endeavour to take images of our products that accurately reflect their shape, colour and size but we do not guarantee the accuracy of the images. Products may appear larger or smaller than their actual size. Colours may appear differently on different monitors. Some photographs may have been enlarged to show detail.
While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
Trademarks and Copyright
JACOB MERCARI, the Jacob Mercari logo, and related words and logos are used under licence. The names of other companies, products or services referred to on this Site may be the trademarks and trade names of their respective owners. Any unauthorized use of any of these trade names or trademarks is prohibited. Display of the trademarks and trade names on this Site does not imply that we grant you a license to use any of the trademarks or trade names without prior written permission of the owner.
The material on this website, including but not limited to the written copy, blog posts, photographs, graphics or other materials on this Site [collectively the “Content”] are protected by copyright, as is the arrangement of the Content. We either own the Content of this Site or have acquired the appropriate licenses for the use of the Content. All contents of this Site is Copyright of Jacob Mercari Inc. or its licensors. All rights are reserved.
We retain the full unrestricted rights to all jewelry designs, whether custom or standard, and may choose to market or sell jewelry based on such designs.
We hereby grant you a limited, revocable, royalty-free license to download or print a copy of Content from this website for your own use, but any copying or reproduction of these materials for commercial purposes without our permission is prohibited. This is a limited license grant, not a title transfer, and under this license you may not modify the Content, nor remove any copyright or proprietary notices from the Content. The distribution, re-transmission, republication, modification, sale or other exploitation of this Site or its Contents without our permission is also prohibited.
The Site may contain hyperlinks or references to third party websites that are not owned or controlled by us. Any hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained therein. Any hyperlink is the sole responsibility of the owner or operator of the linked site. Your use of a third party website may be governed by its terms and conditions. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services.
You will defend, indemnify, and hold us, and our directors, partners, officers, employees, contractors, agents and those who are under the authority of Jacob Mercari Inc. harmless from and against any and all losses, damages, costs, expenses, including legal fees, claims, complaints, demands, actions, suits, proceedings, obligations and liabilities, including settlement payments, arising from, connected with or relating to your use of our Site, or your negligence, infringement, misconduct, or breach of these Terms and Conditions and from and against those of any third party.
Notwithstanding the foregoing, we retain the right to participate in the defence of and settlement negotiations in relation to any third party claim, complaint, demand, action, suit, or proceeding with counsel of our own selection.
Our Site is provided on an “AS IS”, “AS AVAILABLE” basis. We do not make any warranties or guarantees of any kind, whether express or implied, regarding the information on our Site, except as specifically indicated in these Terms and Conditions, and we specifically and expressly disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
We make no warranties, representation, and give no guarantees regarding the quality, reliability, timeliness, or security of the Site. We do not warrant or guarantee that our site will be uninterrupted or error-free.
Limitation of Liability
UNDER NO CIRCUMSTANCE WILL WE OR OUR DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR ANYONE ACTING UNDER THE AUTHORITY OF Jacob Mercari Inc. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCEDENTAL, SPECIAL, COMPENSATORY, OR PUNATIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, AND USE OF THIS SITE.
WE WILL NOT BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY THIRD PARTY MATERIALS AVAILABLE THROUGH THE SITE.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUSMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY.
Your use of this Site is governed by the laws of Ontario and any applicable federal laws of Canada and the courts of the Province of Ontario will have non-exclusive jurisdiction over any legal disputes relating to this Site.
We sincerely value your visit to our Site. We welcome any question or comments you might have about these Terms and Conditions or the Site. If you have any questions please feel free to contact us at: [email protected].