Terms of Use

The use of this Website, www.kuberjewelry.com is governed by the terms and conditions stated below. Please read these Terms of Use carefully before using this Website. By using this Website, you signify your agreement to these Terms of Use. This site is owned and operated by KUBÉR. KUBÉR reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. You are advised to review the terms and conditions periodically. Your continued use of the Website following any posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

KUBÉR rarely updates its Terms and Conditions but still, we encourage you to review this page periodically. You can find the last updated date at the top of this page. If you have any queries or concerns about Terms of Use or Terms of Use updates, please feel free to write to our KUBÉR Customer Service Department at [email protected] or call us on our Toll-Free number (800) 221-1369.

If you do not agree with these terms and conditions, you must discontinue the use of this Website.

Our Terms of Use include:

• Copyright
• Trademarks
• Web Content
• Disclaimer
• Acceptable Uses
• Termination
• Suggestions & Comments
• Links to Other Websites or Third Party Sites
• Education Section, Buying Guides, Buying Recommendations
• Product Information
• Product Availability & Changes
• Special Orders
• Product Pricing
• Access to KUBÉR Products
• Diamond Carat Weight
• Conflict Diamonds
• Treated / Enhanced Gemstones
• Online Orders
• Other Terms
• Indemnification
• Limitation of Liability
• Jurisdiction and Governing Law
• Contact Information

Copyright

Copyright © 2011 KUBÉR. All information, text, logos, images, graphics, site design, software, and other content are the copyrighted work and exclusive property of KUBÉR, its subsidiaries, its affiliated companies, and its licensors and are protected by the U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication, or display of the content on this Website is strictly prohibited.

KUBÉR hereby authorizes you to use all material published on www.kuberjewelry.com solely for your own personal, non-commercial or educational use in support of KUBÉR products. No other use of the content is authorized. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. This Website or any portion of this Website may not be duplicated, copied, reproduced, posted to other sites, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use, otherwise used in whole or in part in any manner or otherwise exploited for any commercial purpose that is not expressly permitted in writing by KUBÉR.

Trademarks

The trademarks which cover trade names, logos, emblems, slogans, and other service marks, displayed on this Website, are the property of KUBÉR, its affiliated companies, and its licensors. These trademarks may be registered in the U.S. and other countries. You are not permitted to use these trademarks in any manner, personally or commercially without the prior written consent of KUBÉR. The use of any trademark on this Website is strictly prohibited, except that the news media and news organizations are permitted to download KUBÉR’s trademarks and logo from specifically designated pages for media and news purposes only, so as to benefit KUBÉR, its products, and its services and not to promote any other product or service. The permission granted to the news media and news organizations to use such trademarks and logos may be revoked at any time. All other trademarks not owned by KUBÉR that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KUBÉR.

Web Content

The materials on this Website, which may include text, logos, images, graphics, site design, artwork, audio clips, video clips, software, and other content, are provided by KUBÉR for informational purposes only. By accessing this Website or printing or downloading any content, you agree to be bound by the terms and conditions set out on this page. If you do not agree to these terms and conditions, please do not access the Website or print or download any content.

Use of KUBÉR content (product data and images) is strictly limited to brick and mortar retail jewelry establishments based in the United States and listed with the JBT – Jewelers Board of Trade and approved by KUBÉR. Use of KUBÉR content is strictly limited to use on an approved retailer’s company website and only on one domain name or URL.

KUBÉR content may not be transferred, shared, uploaded, or electronically transmitted to any other third party or website, including websites that engage in closeouts, overstock, or auction sales. KUBÉR content cannot be used for any other Marketing, Media, Advertising, or other purposes. All content remains the proprietary property of KUBÉR. No transfer of any legal rights is made by providing KUBÉR content to you on your website. You may not transmit or transfer any KUBÉR content or product information to any third party.

Disclaimer

The Website and its materials are provided on an “As Is” and “As Available” basis without warranties of any kind. KUBÉR makes no representation or warranties regarding the accuracy, correctness, completeness, suitability, availability or operation of the www.kuberjewelry.com Website and the content of the Website. All the contents of this Website are for general information or use. KUBÉR is not responsible for any incorrect or inaccurate Content posted on the Website due to any reason or by any person.

KUBÉR does not warrant that this site or the server that makes it available are free of viruses or other harmful components or that use of this site will be uninterrupted. KUBÉR assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access and/or attempt to make unauthorized access available, or alteration of, user and/or Member communications. Under any circumstances, KUBÉR will not be responsible for any loss or damage to any persons resulting from anyone’s use of the Website or the service and/or any content posted on www.kuberjewelry.com or transmitted to KUBÉR Members.

Acceptable Uses

You may use all informative material available on this Website solely for your own personal, non-commercial or educational use. You may not harm the Website in any way or otherwise use the Website in any improper manner, including, but not limited to hacking into the site´s systems, spoofing or faking email headers or slowing or stopping the functionality of the site.

You may use this Website either as a registered member or as a site visitor for legitimate purposes only. In the event you sign up for a new account with us, you agree to provide true, accurate, current, and complete information about yourself as prompted by the new account request form. If you provide any information that is untrue, inaccurate, not current, or incomplete, or KUBÉR suspects, for any reason, that such information is untrue, inaccurate, not current, or incomplete, KUBÉR, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the site.

You may need to give your Jeweler Id, Email Address, and Password to login into your Jewelers Account. You cannot share or transfer your KUBÉR Account Login Information with any third party. You are responsible for maintaining the confidentiality of your account information and passwords and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify KUBÉR of any unauthorized use of your signing-in information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. KUBÉR will not be liable for any loss or damage arising from your failure to comply with the above-given information.

Termination

These Terms of Use will be applicable to every visitor to this Website. Upon breach of any such terms by you, KUBÉR reserves the right to terminate your account with immediate effect.

Suggestions & Comments

Please note that any information, materials, suggestions, ideas, or comments submitted to KUBÉR shall be deemed not confidential. You hereby grant KUBÉR an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information, materials, suggestions, ideas, or comments for any purpose whatsoever.

Links to Other Websites or Third Party Sites

This Website may contain links to other Websites that are operated and maintained by third parties. Any such links are solely provided for the convenience of the users of KUBÉR. These third-party sites are not under the control of KUBÉR and we do not monitor or review the content of such sites. Access to such websites is at your own risk and KUBÉR is not responsible for the accuracy or reliability of information, data, opinions, advice or statements made on such sites. KUBÉR will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, or services available on such other sites.

Education Section, Buying Guides, Buying Recommendations

The Education Section, Buying Guides, Buying Recommendations or any other related information available on this Website does not make a claim to guarantee or warranty or appraise any of your purchases. You are advised to purchase as per your own discretion. KUBÉR is not responsible for the validity and does not guarantee the accuracy of the information provided in the Education Section, Buying Guides, Buying Recommendations, or any other related information available on this Website. The main objective of the Education Section, Buying Guides and Buying Recommendations is to educate the Website visitor about the Jewelry industry.

Product Information

We, at KUBÉR, make every attempt to ensure that our online product information is as accurate, reliable, and complete as possible. In order to give you the opportunity to view our products with great detail, some products may appear larger or smaller than their actual size in Website images and pictures. Also, our products may appear in slightly different colors and sizes due to your individual computer monitor settings.

Our primary objective is to give you information about our products. KUBÉR attempts to be as accurate as possible. However, KUBÉR does not warrant that product descriptions or product information on this Website is accurate, complete, reliable, current, or error-free.

Product Availability & Changes

KUBÉR provides quality products to our valued customers. The product displayed on www.kuberjewelry.com is not a guarantee that the item is currently in stock. If your selected item is not in stock, we will place an order for that item and you may need to wait till that item is available. To check the availability of any items, you can email us at [email protected] or call us on our Toll-Free number (800) 221-1369.

The Gem Lab Certificates issued with Products on the www.kuberjewelry.com website are issued for only some selected products and shall not be deemed as applicable to all the products. Also KUBÉR, at its sole discretion, can at any time change the certificate availability for its products on the www.kuberjewelry.com website. KUBÉR is the exclusive provider of these quality grading certificates issued with products on the www.kuberjewelry.com website. KUBÉR does not warrant that the information on these certificates is accurate, complete, reliable, current, or error-free.

In order to keep www.kuberjewelry.com current with our latest product inventory, we frequently change the products offered via this Website. As such, we cannot guarantee that an item displayed on a previous visit to www.kuberjewelry.com will still be available when you visit www.kuberjewelry.com again. We reserve the right to make changes to the merchandise offered by this Website at any time and without prior notice. If you are at any time unable to locate an item you viewed on a previous visit towww.kuberjewelry.com please contact us at [email protected] or call us on our Toll-Free number (800) 221-1369 and we will make every effort to accommodate your jewelry needs.

Special Orders

At KUBÉR, our goal is to help you find the perfect piece of fine jewelry. If ever you are unable to find what you are looking for, please feel free to contact our Jewelry experts at [email protected] or call us on our Toll-Free number (800) 221-1369.

Product Pricing

KUBÉR will try to give the most current product data including product details, prices, and images to you. However, this product data may not reflect current prices due to Gold, Diamonds, Gemstones, and Foreign Exchange fluctuations as well as any changes and improvements we may make to the products. Prices may not reflect any discounts or charges for special orders, metal colors, or sizes.

Product prices displayed on www.kuberjewelry.com are quoted in U.S. currency and are valid and effective only in the United States. In rare cases data, including prices, 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 and 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 an 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.

We at KUBÉR, always offer you the best value by providing the lowest possible price. We do not negotiate prices on our products and all our prices are final.

Access to KUBÉR Products

KUBÉR is under no obligation to ship or sell products to any specific retailer. KUBÉR is entitled to restrict sales to only approved retailers and those retailers that accept the KUBÉR Terms of Sale and Payment Agreement. If you are not an Approved Retailer, then you are prohibited from downloading KUBÉR’s content.

Diamond Carat Weight

KUBÉR provides quality jewelry products with authentic gold, silver or platinum with genuine diamonds and/or gemstones. Diamond carat weight is an important ingredient in diamond jewelry. Of course, no two diamonds are exactly alike. Each is cut to maximize its natural beauty. In the process of diamond cutting, stones are sorted by the resulting diamond weight using the decimal system. To give you the best selection and price, our diamonds fall within a range appropriate to each fractional carat weight listing. The difference may not be visible to the naked eye, but we know it’s important to you. That’s why we’ve supplied the following table:

KUBÉR Weight Fractions & Weight Allowances

Conflict Diamonds

KUBÉR uses quality diamonds in merchandise, sourced from the world’s most reputed suppliers. We do not buy and use conflict diamonds in our products. We purchase our diamonds only through respected, well-established, legal channels.

Treated / Enhanced Gemstones

KUBÉR also uses treated or enhanced gemstones. Most natural precious and semi-precious gemstones are treated or enhanced to intensify color, diminish imperfections and improve durability. Some of the common treatment types are Oiling, Heating, Diffusion, Drilling, Irradiation, etc.

Online Orders

KUBÉR accepts online orders only from its approved retailers. In the case of online orders, style details and price may not reflect exactly due to special orders, sizes, or other instructions. There may be additional charges for shipping that will appear on your final bill. For order payments or account settlements, we do not ask for your Credit Card or related information through our website.

Other Terms

If any of these Terms of Use is unlawful, void, or for any reason is unenforceable, then that term shall not affect the validity and enforceability of any remaining terms. These Terms of Use constitute the entire agreement between KUBÉR and you relating to the subject matter herein. KUBÉR shall have the right to change or modify these terms of use at any time.

Indemnification

You agree to indemnify, defend, and hold harmless, KUBÉR, its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Website from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. KUBÉR reserves the right to assume, at its sole expense, the exclusive defense, and control of any matter subject to indemnification by you, in which event you will fully cooperate with KUBÉR in asserting any available defenses.

Limitation of Liability

Jurisdiction and Governing Law

This Website is controlled and operated by KUBÉR from its office in New York, United States of America, and in conjunction with our Website Licensors and third-party service providers. This Website can be accessed from other locations. By accessing this Website, you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of law principles. You also consent to personal jurisdiction in New York City and the State of New York for any dispute arising hereunder. This Website is intended for residents of the United States only. No software from this Website may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

Contact Information

Please contact KUBÉR for information or permission to use KUBÉR’s intellectual property. If you have any queries or suggestions about our Terms of Use, please feel free to contact us at:

• Kubér Mfg. Inc.
  7 East 47th Street
  New York, NY 10017
  Phone: (212) 755-3232
  (800) 221-1369
  Fax: (212) 755-2885
  Email: [email protected]