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Welcome to Hannoush Jewelers
Terms and Conditions.
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Terms and Conditions
Terms and Conditions
Hannoush Jewelers DOES NOT WARRANT THAT INFORMATION CONTAINED ON
THE SITE WILL BE ACCURATE, RELIABLE OR ERROR FREE, OR THAT
DEFECTS WILL BE CORRECTED. Hannoush Jewelers CANNOT BE HELD
RESPONSIBLE FOR ERRORS AND OMISSIONS IN THE SITE AND RESERVES
THE RIGHT TO MODIFY AND CORRECT ERRORS AT ANY TIME. WE DO NOT
HONOR INACCURATE OR ERRONEOUS PRICES. OUR PRICES ARE ALSO
SUBJECT TO CHANGE WITHOUT NOTICE. MATERIAL ON THE SITE MAY ALSO
CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS
(INCLUDING PRICING ERRORS), AND MAY BE CHANGED, UPDATED OR
MODIFIED AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE;
Hannoush Jewelers WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH
INACCURACIES, ERRORS, CHANGES, OR UPDATES. Hannoush Jewelers MAY
IN ITS SOLE DISCRETION ADD, DELETE, OR CHANGE SOME OR ALL OF ITS
PRODUCTS AND SERVICES AT ANY TIME. Hannoush Jewelers has
attempted to accurately depict the products offered on the Site.
However, because the depiction of a product is dependent on your
computer monitor, Hannoush Jewelers cannot guarantee that such
depiction will be accurate. The products also may appear larger
or smaller than their actual size depending on your monitor.
Some photographs have been enlarged to show detail.
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS
EXPRESSLY SET FORTH BELOW OR IN A WRITTEN WARRANTY THAT
ACCOMPANIES A PRODUCT (AND THEN ONLY WITH RESPECT TO SUCH
PRODUCT), Hannoush Jewelers EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED (INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND
AVAILABILITY) REGARDING THE SITE AND ANY PRODUCTS OFFERED OR
AVAILABLE THROUGH THE SITE. THE SITE AND PRODUCTS AND
INFORMATION ON THE SITE ARE PROVIDED ON AN 'AS IS-WHERE IS'
BASIS. NEITHER Hannoush Jewelers NOR ITS SUBSIDIARIES,
AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS,
PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY,
'AFFILIATES') WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING
DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, THE INFORMATION
CONTAINED ON OR TRANSMITTED FROM THE SITE OR PRODUCTS AVAILABLE
OR PURCHASED THROUGH THE SITE, OR TRANSACTIONS CONDUCTED AT THE
SITE, EVEN IF Hannoush Jewelers HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Hannoush
jewelers OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM
THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE
SITE EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO Hannoush
Jewelers FOR THE SINGLE PRODUCT AT ISSUE, OR ONE THOUSAND
DOLLARS ($1,000). YOU HEREBY ACKNOWLEDGE THAT ALL THE PROVISIONS
OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE, THE
INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AVAILABLE OR
PURCHASED THROUGH THE SITE, AND TRANSACTIONS CONDUCTED AT THE
SITE.
Subject to the following arbitration provision these terms and
conditions shall be governed by, construed and interpreted
according to the laws of the State of Massachusetts, and you and
Hannoush Jewelers (the 'Parties') agree to and consent to the
exclusive jurisdiction and venue of the courts in Hampden
County, Massachusetts. Should a dispute arise between the
Parties which cannot be resolved by the Parties in good faith
negotiations, both Parties agree to submit such dispute to
arbitration in Springfield, Massachusetts, before a single
arbitrator familiar with the Uniform Commercial Code using the
Commercial Rules of the American Arbitration Association, with
the following modifications to be enforced by the arbitrator
consistent with Massachusetts law: (a) any such arbitration
proceeding shall be confidential as to the existence, content,
and results of the arbitration; (b) depositions shall not exceed
two (2) per party and all must be completed within a single day;
(c) document requests are limited to no more than ten (10)
clearly identified categories of documents which must be
provided to the requesting party within five (5) business days
of the request; (d) each party shall have no more than eight (8)
hours to present its position; and (e) the entire hearing shall
last no longer than three (3) business days. The award, if any,
shall be rendered no more than thirty (30) days following the
end of the proceeding. Judgment upon the award rendered by the
arbitrator may be entered by any court having jurisdiction. Both
Parties expressly agree that any such controversy or claim shall
be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of
any other party. Each party shall bear its own attorneys' fees
and costs in connection with the proceedings and shall share
equally the fees and expenses of the arbitrator.
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