Terms of Service

These Terms of Use constitute a legal agreement between you and and Jeweler Website Advisory Group ("jWAG").

The jWAG Web Site is comprised of http://jwag.biz, http://jwag11010.com, http://youryeartowin.com and their constituent web pages and various other web sites, URLs and Web pages operated by jWAG.

The jWAG Web Site, any coaching products, programs or services (the "Coaching Services"), the magazine known as "Jewelry Website Trends" and any other publications in printed or digital form and the Products and Services from time to time offered by jWAG (as defined below) are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the jWAG Web Site and any such Products and Services constitutes your agreement to all such terms, conditions, and notices.


MODIFICATION OF THESE TERMS OF USE

jWAG reserves the right to change the terms, conditions, rules and regulations applying to and notices under which the Products and Services and the jWAG Web Site are offered, including but not limited to the charges associated with the use of them. All changes shall be effective and deemed accepted by all users upon posting of such changes on the jWAG Web Site. That version of these Terms of Use will then apply to all use by you following the date of publication. Each access of information from the jWAG Web Site and the Products and Services will be a separate, discrete transaction based on the then prevailing terms. These Terms of Use and the license granted by it may not be assigned or sublet by you without jWAG's advance written consent.

SUBSCRIPTION TERMS

jWAG's programs and content, including the Coaching Services and "Jewelry Website Trends" Magazine, are generally offered as monthly subscription services. Monthly subscriptions are offered as an unpaid subscription (the "Registered Member") and the paid subscription (the "Gold Member"). Registered Members are required to maintain on opt-in to all jWAG emails, and the subscription will be canceled should the Registered Member opt-out of jWAG emails. Gold Member subscribers to the Products and Services and jWAG's web based programs, products, services and programs and users of the jWAG Web Site shall all opt-in to all emails sent by jWAG. Gold Member subscriptions will cannot be renewed again until the member opts back into jWAG emails. The monthly subscription fee for Gold Members will be based on the product or service and established from time to time on the jWAG Web Site. From time to time, jWAG may offer subscribers and users the right to subscribe to a program, product or service for a period of longer than one month, often at a discounted rate (The "Periodic Rate"). Each user agrees to pay to jWAG a monthly subscription fee or an agreed upon Periodic Rate, in advance, via Pay Pal, Google Checkout, credit card or other method from time to time established by jWAG, for each month's or other periodic use of the product, service or program selected and/or access to the jWAG Web Site. Each user authorizes jWAG to automatically debit the payment source or mechanism associated with his or her Gold Member account for each monthly subscription fee or the Periodic Rate agreed upon by them. Monthly subscription fees and Periodic Rates are not refundable for any reason, except as expressly provided from time to time on the jWAG Web Site, under jWAG's then applicable and published termination, refund and cancellation policies. Automatic debits shall continue unless the user terminates the subscription in accordance with the terms and conditions for proper cancellation or to support@jwag.biz and otherwise comply with the then published policy for refunds or cancellations.

From time to time, jWAG will offer recomendations of products, programs and services developed and provided by third party providers, including certain web based software applications and content, downloadable software, greeting card services, computer hardware, check collecting, credit card processing, website programming and design services, firewall protection, email services, domain name registrations, text message, cellular, and telephony products others types of products and services (The "Third Party Recomendations"). The Third Party Recomendations may be offered as part of a "bundle" of products and services which include access to the jWAG Web Site, or as stand alone products or services. While the Third Party Recomendations may feature brand or trade names associated with jWAG and its brand and tradenames and jWAG may provide certain customer support services for them, they are not products or services developed by jWAG. The Third Party Recomendations offered by jWAG may or may not include the following: SendOutCards, LG Graphics, Premier Merchant Solutions, Astaro, and Stellium Networks. The Third Party Recomendations offered by jWAG may at any time change or be revised and any specific Third Party Recomendations may cease to be offered or supported by jWAG at any time, without notice. jWAG may also from time to time provide access to new or different Third Party Recomendations. The availability, functionality, usability of utility of any of the Third Party Recomendations are not warranted, represented or in any way assured by jWAG. jWAG makes no representations or warranties regarding the Third Party Recomendations and disclaims all liability for their use, implementation or availability.

jWAG may from time to time establish special promotional thirty day "trial offers", in its discretion, on such terms and conditions as may be posted on the jWAG Web Site. jWAG may provide access to or use of thirty day promotional or trial offers using promotion codes, coupons, credits or other mechanisms, in its sole discretion. Promotional or trial offers may be modified or terminated at any time, in jWAG's discretion, and will in any case be limited to one offer per user. At the end of any thirty day promotional or trial offer, the user's credit card, Google Checkout or Pay Pal account will automatically be debited for each subsequent monthly subscription period, and such automatic debits shall continue unless the user terminates the subscription during the thirty day trial period, in accordance with the terms and conditions for termination on the jWAG Web Site.

Promotional or trial subscriptions provide the user to access to limited portions of the jWAG Web site. The entire jWAG Web site will be made available only to users paying the complete monthly subscription fee for a given month.

From time to time, jWAG may provide its members with access to offers or promotions made available by or from third parties. If a jWAG member provides an e mail address or other information to such a third party, jWAG will not be responsible for the use of the information so provided.

LINKS TO THIRD PARTY SITES

The jWAG Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of jWAG and jWAG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. jWAG is not responsible for webcasting or any other form of transmission received from any Linked Site. jWAG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by jWAG of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the jWAG Web Site, you warrant to jWAG that you will not use the jWAG Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the jWAG Web Site in any manner which could damage, disable, overburden, or impair the jWAG Web Site or interfere with any other party's use and enjoyment of the jWAG Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the jWAG Web Sites.

USE OF COMMUNICATION SERVICES

The jWAG Web Site may contain bulletin board services, blogs, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
jWAG has no obligation to monitor the Communication Services. However, jWAG reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. jWAG reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

jWAG reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in jWAG's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. jWAG does not control or endorse the content, messages or information found in any Communication Service and, therefore, jWAG specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized jWAG spokespersons, and their views do not necessarily reflect those of jWAG.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO jWAG OR POSTED AT ANY jWAG WEB SITE

jWAG does not claim ownership of the materials you provide to jWAG (including feedback and suggestions) or post, upload, input or submit to any jWAG Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting jWAG, its affiliated companies, licensees and sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. jWAG is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in jWAG's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH JWAG, INCLUDING WITHOUT LIMITATION THE "JEWELRY WEBSITE TRENDS" MAGAZINE, OR ANY OTHER PUBLICATION IN PRINTED OR DIGITAL FORM, ANY COACHING SERVICES, THIRD PARTY TOOLS AND THE JWAG WEB SITES (COLLECTIVELY the "PRODUCTS AND SERVICES"), MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, "BUGS", FLAWS, FUNCTIONAL PROBLEMS, ERRORS OR MISTAKES. DELETIONS, CHANGES AND REVISIONS ARE PERIODICALLY MADE TO THE PRODUCTS AND SERVICES. JWAG AND/OR ITS SUPPLIERS MAY MAKE DELETIONS, MODIFICATIONS, CHANGES OR IMPROVEMENTS IN THE PRODUCTS AND SERVICES AT ANY TIME, WITHOUT NOTICE. ADVICE RECEIVED VIA THE PRODUCTS AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

JWAG AND ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE PRODUCTS AND SERVICES, INCLUDING THE JWAG WEB SITES AND THIRD PARTY RECOMENDATIONS, FOR ANY PURPOSE WHATSOEVER. ALL PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS, WHERE IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND. JWAG AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL JWAG AND/OR ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS INTERRUPTION OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE, PERFORMANCE, AVAILABILITY, USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES, THE RESULTS OBTAINED FROM CONTENT, DATA OR ADVICE RENDERED THROUGH ACCESS OR USE OF THE PRODUCTS OR SERVICES OR ON THE JWAG WEB SITE, WITH THE DELAY OR INABILITY TO USE THE PRODUCTS OR SERVICES, THE JWAG WEB SITE OR ANY RELATED PRODUCTS, INFORMATION OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PRODUCTS AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCTS OR SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JWAG OR ANY OF ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICABLE PRODUCTS AND SERVICES AND TEMINATING YOUR SUBSCRIPTION FOR THEM IN ACCORDANCE WITH JWAG’S CANCELLATION AND TERMINATION POLICIES THEN IN EFFECT AND POSTED ON THERE JWAG WEB SITE. JWAG'S MAXIMUM LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR ANY CLAIM ARISING OF THE PIRCHASE OR USE OF THE PRODUCTS OR SERVICES OR THE JWAG WEB SITE OR ANY CONTENT APPEARING ON ITS WEB SITE SHALL BE A REFUND OF ANY MONTHLY SUBSCRIPTION FEE PAID BY THE SUBSCRIBER FOR THE MONTH DURING WHICH ANY CLAIM, DAMAGE OR ALLEGED CLAIM ARISES.

SERVICE CONTACT: support@jwag.biz

TERMINATION/ACCESS RESTRICTION

jWAG reserves the right, in its sole discretion, to terminate your access to the Products and Services and the jWAG Web Site and the related services or any portion thereof at any time, without notice. These terms of use constitute an enforceable legal agreement which is governed by the laws of the State of New Jersey, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Passaic County, New Jersey, U.S.A. to hear and resolve all disputes arising out of or relating to the use of the Products and service and the jWAG Web Site. Use of the Products and services and the jWAG Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and jWAG as a result of this agreement or use of the Products and services and the jWAG Web Site. jWAG's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of jWAG's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Products and services, the jWAG Web Site or information provided to or gathered by jWAG with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and jWAG with respect to the Products and Services and the jWAG Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and jWAG with respect to the jWAG Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the jWAG Web Site are: Copyright © 2003 – 2019 by jWAG and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.


Limitation On Use of Information

You agree to use content or information obtained from the Products and Services and jWAG's Web Site only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and you will in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of such content or information (whether directly or in condensed, selective or tabulated form), whether for resale, republishing, posting on a web site, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for this purpose only. Nothing herein shall authorize you to create any database, digital copy, directory or hard copy publication of or from such content or information, whether for internal or external distribution or use.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from jWAG, and all information to which you have access through password-protected areas of jWAG's Website and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.