- This is the website of CubicZirconia.com, operated by Until Then Business Management Services, Inc. ("we", "us", “our” or "Until Then Business Management Services, Inc."). By using and accessing our website, you ("you", "user" or, "end user") agree to these Terms of Service (collectively, the "Terms of Service" or "Agreement").
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING CubicZirconia.com.
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing CubicZirconia.com.
Our postal address is:
PO Box 93
Pendleton, KY, 40055
You agree to use CubicZirconia.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use CubicZirconia.com to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.
You may use the CubicZirconia.com website for purposes expressly permitted.
You may not use this site for any other purpose, including any commercial purpose, without CubicZirconia.com’s express prior written consent. For example, you may not (and may not authorize any other party to): (i) co-brand this site, or (ii) frame this site.
DISCLAIMER OF WARRANTY
CubicZirconia.com makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to this website.
All of the information on the CubicZirconia.com website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and CubicZirconia.com does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer, accurate or complete.
The website and all content and other information contained on the website, as well as products and services provided, is provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, whether express or implied, including, but not limited to, the implied merchantability and fitness for a particular purpose.
Until Then Business Management Services, Inc. and CubicZirconia.com make no warranty that the website and content or information will be uninterrupted, timely, secure or error-free.
Until Then Business Management Services, Inc. and CubicZirconia.com make no warranty that the results that may be obtained from use of this website will be effective, accurate or reliable, nor guarantee or make any representation regarding the use, or the results of the use, of the websites, products or services, or written materials in the terms of correctness, accuracy, reliability, current nature, or otherwise. The website may include technical mistakes, inaccuracies or typographical errors.
You expressly agree that use of CubicZirconia.com and associated products and services is at your sole risk and discretion.
This is the only warrant of any kind, either express or implied, that is made by our company. No oral or written information or advice given by our company shall create a warranty or in any way increase the scope of this warranty, and you may not rely on such information or advice to do so.
LIMITATION OF LIABILITY
In no event shall Until Then Business Management Services, Inc., CubicZirconia.com, or its agents, officers, parent companies, suppliers or affiliates be liable for any damages whatsoever (including, without limitation damages for loss of profits, business interruption, loss of information, pecuniary loss, injury or death), nor liable for any indirect, incidental, special or punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to or arising out of your correct or incorrect use of the website ((or inability of use), or its material content and other information obtained therein, or related products and services— even if CubicZirconia.com has been advised of the possibility of such loss or damages.
In no event will the collective liability of CubicZirconia.com and its parent companies, subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages; thus the above limitations may not apply to you.
Our company's entire liability, and the purchaser's exclusive remedy, shall be a refund of the price paid or replacement of our products, at the option of CubicZirconia.com. We typically limit refund or replacement to 60 days on stocked non-custom items, and offer a lifetime warranty on custom-designed jewelry we manufacture to the customer's request. Please see the CubicZirconia.com 100% Satisfaction Guarantee for full details.
INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK NOTICE
The material and content (hereinafter referred to as the "Content") accessible from this CubicZirconia.com website, and any other World Wide Web site owned, operated, licensed, or controlled by Until Then Business Management Services is the proprietary information of our company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our
Company retains all right, title, and interest in the Content
You acknowledge that this website and information contains copyrighted material, trademarks, and other proprietary information and that the material Content contained in this website CubicZirconia.com are protected by applicable copyright and trademark law. You acknowledge and agree that all content and information on the website is protected by proprietary rights and laws.
Unless otherwise specified and a 3rd party content provider identified, all material Content appearing on this website, including the text, website design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of this CubicZirconia.com and Until Then Business Management Services, Copyright © 2012, ALL RIGHTS RESERVED.
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the website shall remain the sole property of CubicZirconia.comor its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from CubicZirconia.com.
You must not:
Republish or license material from our website without prior written consent.
- Sell or rent material from our website.
- Reproduce, duplicate, create derivative, copy, modify or otherwise exploit material on our website for any purpose.
- Redistribute, display, transmit, upload, post, or transfer any content from our website, including onto another website.
All rights not expressly granted herein are reserved. 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.
PRODUCT PURCHASER LICENSE
All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
DOWNLOADABLE CONTENT DISCLAIMER
You understand that CubicZirconia.com cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. CubicZirconia.com does not assume any responsibility or risk for your use of the Internet or downloadable content.
DMCA COPYRIGHT PROTECTION NOTICE
CubicZirconia.com respects the intellectual property of others.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this website, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material claimed to be infringing or to be the subject of the infringing activity and that you are requesting to be removed
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address
- A statement that the complaining party "in good faith believes that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law"
- A statement that the "information in the notification is accurate", and "under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"
The above information must be submitted as a written or emailed notification to the following Designated Agent:
Attn: DMCA Office
PO Box 93
Pendleton, KY, 40055
We caution you that under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties. These may include monetary damages, court costs, and attorneys’ fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of relying upon your misinterpretation. You may also be subject to criminal prosecution for perjury.
This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
EXTERNAL LINKS POLICY
The CUBICZIRCONIA.COM website may contain links to many other external websites of interest to our visitors, that are owned and operated by third parties and not maintained or controlled by our company. External links are provided as a service to users and are not sponsored by or affiliated with CUBICZIRCONIA.COM or our Company.
CUBICZIRCONIA.COM and Until Then Business Management Services has not reviewed any or all of such externally linked to websites and is not responsible for the content of those websites, nor cannot guarantee the accuracy of information found at any linked website, and nor can we be responsible for the protection and privacy of any information which you provide while visiting such websites.
Such external web sites are not governed by this privacy statement. Links to or from external websites not owned or controlled by CUBICZIRCONIA.COM website does not in every case constitute an endorsement of these websites— or the products or information presented there— by CUBICZIRCONIA.COM, its parent company, or any of its employees of the sponsors. You acknowledge that we're not responsible for the operation of or content located on or through any such website.
Our CUBICZIRCONIA.COM website and marketing emails may contain affiliate links. That means if you buy something from them we may get paid an affiliate commission.
Our recommendation is ALWAYS based on our belief that the product or service is valuable based on our personal observations and/or previous positive experience and relationship with the person or company recommended. You should always perform due diligence before buying products or services from anyone online or offline, and should never purchase anything you cannot afford.
However, our website and communication emails also contain links that don't require an investment on your part-- jam-packed with free interesting and informative content, tips, news, or opportunities to do business with our own companies.
PRIVACY ON OTHER WEBSITES
During registration a user is required to give their contact information (such as name and email address). This information is used to contact the user about the services on our website for which they have expressed interest. Passwords are collected to verify the user’s identity. It is optional for the user to provide demographic information, but the user is encouraged to do so, so we can provide a more personalized experienced on our website.
USER CONTENT MATERIAL SUBMISSIONS
You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, comments, suggestions, ideas, graphics, or other information communicated to our Company through the CubicZirconia.com website (together, hereinafter known as the "Submission") through any blog, forum, member directory, or other medium allowing for user-generated and submitted content material, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. CubicZirconia.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products, testimonials or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future CubicZirconia.com operations.
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a 'pyramid' or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
In accordance with the FTC guidelines concerning use of endorsements and testimonials in advertising, please be aware of the following:
- Testimonials appearing on this website are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services.
- CUBICZIRCONIA.COM does not share the opinions, views or commentary of any testimonials on this website, and are strictly the views of the reviewer.
- The testimonials displayed (text, audio and/or video) are given verbatim except for correction of grammatical or typing errors. Some have been shortened. In other words, not the whole message received by the testimonial writer is displayed, when it seemed lengthy or not the whole testimonial seemed relevant for the general public.
- CUBICZIRCONIA.COM is not responsible for any of the opinions or comments posted to our site.
- CUBICZIRCONIA.COM is not a forum for testimonials; however, the website provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of CUBICZIRCONIA.COM.
- Some of the purchasers of CUBICZIRCONIA.COM’s products and services who have provided their endorsement or testimonial for use on this website may have received a refund in the amount of the cost of the product or service purchased in exchange for their endorsement or testimonial, or other valuable non-monetary consideration.
We're confident that our fine cubic zirconia jewelry will meet, if not exceed, your expectations. No purchase is complete until you're completely satisfied. You can return most items to us within sixty (60) days of the product delivery date for a refund of the full purchase price, minus shipping and handling fees (with the exception of custom-designed jewelry, which has a satisfaction guarantee and lifetime warranty rather than a refund policy). See CubicZirconia.com 100% Satisfaction Guarantee for full details.
Our shipping charges are based on standard UPS or USPS prices including package weight, size, and distance shipped.
CubicZirconia.com cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by CubicZirconia.com, or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
Please see our Shipping Details page for more information.
PRODUCT TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or description due to typographical error or errors in information received from our suppliers, CubicZirconia.com shall have the right to refuse or cancel any orders placed for the products listed at the incorrect price. CubicZirconia.com shall have the right to refuse or cancel any such 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, CubicZirconia.com shall immediately issue a credit to your credit card account in the amount of purchased price.
CREDIT CARDS AND PAYMENTS
We accept the following credit cards: Visa, MasterCard, American Express and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information may cause a delay in processing your order. Your credit card will be charged upon completing your order
Alternatively, payment may be made through third party companies such as PayPal or Google Checkout. Please review their policies before proceeding to checkout with these companies. CubicZirconia.com is not responsible for the actions of third parties as regards to credit cards and other online methods of alternative payment.
If you order services or products directly from CubicZirconia.com we will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order.
CubicZirconia.com may automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state.
All non perishable items may automatically be charged an applicable state tax and funds may be withheld.
MULTIPLE PRODUCT ORDERS
For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
There may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. We will ship your product as it becomes available.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. CubicZirconia.com reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
OTHER PURCHASE CONDITIONS
These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether CubicZirconia.com signs them or not. We reserve the right to make changes to this website and these Conditions at any time.
The CubicZirconia.com website is not designed to, and does not, provide medical advice. All content ("content"), including text, graphics, images and information available on or through this web site are for general informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this website. Never rely on information on this website in place of seeking professional medical advice.
Our company is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this website. You are encouraged to confer with your doctor with regard to information contained on or through this website. After reading articles or other content from this website, you are encouraged to review the information carefully with your professional healthcare provider. No where on this website is it intended to make claims that these products can be used to diagnose, treat, cure, mitigate or prevent any disease. These claims have not been clinically proven or evaluated by the FDA.
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
TERMINATION OF USE
CubicZirconia.com shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the website with or without notice for any reason.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be deemed severable and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
This agreement is being written in English, which is to be the official language of the contract’s text and interpretation.
If you do not agree with the above terms and conditions, you have the option to not participate in this website.
Additional information may be found within the Frequently Asked Questions (FAQ) section of CubicZirconia.com.