Terms of Service

31:33 Jewelry

March 27, 2025

A. INTRODUCTORY TERMS

EFFECTIVE DATE: March 27, 2025

The 31:33 JEWELRY web sites, www.3133jewelry.com and www.31-33.com, are operated by 31:33, LLC (“3133”). Throughout the sites, the terms “we”, “us” and “our” refer to 3133.

3133 offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These terms and conditions (these “Terms of Service”) constitute a binding agreement between, on the one hand, each individual or entity that accesses, uses, and/or places an order on the 31:33 JEWELRY web sites (www.3133jewelry.com and www.31-33.com) and/or any programs, web sites, applications, software, and/or platforms made available by, on, through, or in connection with the 31:33 JEWELRY web sites (together, the “Service”), and, on the other hand, 3133. By visiting our sites and/or purchasing something from us, you use our “Service” and agree to be bound by the following terms and conditions (the “Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including but not limited to our Privacy Policy, which can be viewed at https://3133jewelry.com/pages/privacy-policy, our Shipping Policy, which can be viewed at https://3133jewelry.com/pages/shipping-policy, our Return Policy, which can be viewed at https://3133jewelry.com/pages/return-policy, and our FAQ page, which can be viewed at https://3133jewelry.com/pages/faqs, each of which are hereby incorporated into the Terms. These Terms apply to all users of the Service. These Terms of Service govern your access and use of the Service and affect your legal rights and obligations. Before accessing or using the Service, please read these Terms of Service; if you do not agree to be bound by all of these Terms of Service, please do not access or use the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

All information listed on 3133jewelry.com and 31-33.com is for for educational purposes only.

3133 reserves the right to change, modify, add or remove portions of these Terms of Service (“Updated Terms”) at any time in its sole discretion. It is your responsibility to periodically check these Terms of Service for changes. You agree that your access and/or use of the Service after the posting date of Updated Terms shall constitute your acceptance of and agreement to Updated Terms. Updated Terms shall be effective as of the time of their public posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Service will govern any disputes arising before the effective date of the Updated Terms.

If you have any questions or concerns regarding the Service or these Terms of Service, please contact 3133 at hello@3133jewelry.com.

ARBITRATION NOTICE: BY ACCESSING OR USING THE SERVICE, HOWEVER ACCESSED, YOU AGREE THAT DISPUTES BETWEEN YOU AND 3133 WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS MORE FULLY SET FORTH BELOW.

B. 3133’s OWNERSHIP OF THE SERVICE & ITS CONTENT

1. The Service, as well as all designs, text, graphics, user interfaces, visual interfaces, images, trademarks, logos, materials, sounds, and computer code contained in and/or made available on or through the Service (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, is owned, controlled, or licensed by or to 3133, and is protected by copyright, trademark, trade dress, patent, and various other intellectual property and unfair competition laws.

2. 31:33, 31:33 Jewelry, and all other product and service names, slogans, and logos contained in the Service are trademarks of 3133 and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of 3133 or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “31:33”, “31:33 Jewelry”, or any other name, slogan, logo, trademark or product or service name of 3133 without our prior written permission.

3. Except as expressly provided in these Terms of Service, no part of the Service and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, web site, or other channel or medium for publication or distribution or for any commercial enterprise or purpose, without 3133’s express prior written consent.

C. BASIC TERMS AND CONDITIONS OF ACCESS/USE OF THE SERVICE

1. Notwithstanding any of these Terms of Service, 3133 reserves the right, without notice and in its sole discretion, to suspend, prohibit, or discontinue any person’s access and/or use of the Service, and/or to terminate any person’s license to use the Service, and/or to cease doing business through the Service with any person, for any reason whatsoever. By accessing and using the Service, however accessed, you understand and agree that 3133 may stop providing all or part of the Service to you at any time and for any reason, including, but not limited to, in the event 3133 determines in its sole discretion that you violated the letter or spirit of these Terms of Service, in the event 3133 determines in its sole discretion that your access and/or use of the Service otherwise creates possible risk or legal exposure for 3133 or any other person or entity, or for any other reason whatsoever in 3133’s sole discretion. By accessing and using the Service, however accessed, you further understand and agree that, in the event 3133 chooses in its sole discretion to stop providing all or part of the Service to you, you shall have not have any recourse against 3133 whatsoever. The provisions of these Terms of Service governing intellectual property rights, and the disclaimers, indemnities, and limitations of liability set forth in these Terms of Service, shall survive 3133’s suspension, prohibition, or discontinuation or any person’s access and/or use of the Service, 3133’s termination of any person’s license to use the Service, and 3133’s ceasing to do business through the Service with any person.

2. By accessing and using the Service, however accessed, you understand and agree that you are responsible for all data charges that you incur through your access and/or use of the Service.

3. You may not pretend that you are, or that you represent, someone else, or otherwise engage in conduct via the Service that impersonates another person in a manner that does or is intended to mislead, confuse, or deceive others.

4. You must not change modify, adapt, or alter the Service or change, modify, or alter any other program, web site, application, software, and/or platform so as to create or imply a false affiliation, connection, or association with the Service and/or 3133.

5. You must not defame, stalk, bully, abuse, harass, or threaten persons or entities via the Service, or publicly post or otherwise make publicly available any private or confidential information via the Service, including, without limitation, your or any other person’s or entity’s credit card information, social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses.

6. You must not use or engage in conduct via the Service, or use any Content, for any purpose that infringes or violates any legal right of 3133 or any third party, including, without limitation, copyright, trademark, publicity, privacy, property, and/or confidentiality rights, or to solicit the performance of any illegal activity that infringes or violates any legal right of 3133 or any other person or entity, or for, or in furtherance of, any illegal, illicit, or unauthorized purpose. By using the Service, you agree to comply with all laws, rules, and regulations (whether federal, state, local, provincial, or otherwise) applicable to your use of the Service, including but not limited to, all applicable copyright and trademark laws, rules, and regulations.

7. You must not solicit other users of the Service or otherwise use the Service for unauthorized marketing purposes, including, without limitation, by creating or submitting unwanted email, comments, likes, or other forms or commercial and/or harassing communications (including, without limitation, “spam” communications”) to any other users of the Service, or soliciting, collecting, or using account information and/or login credentials of any other users of the Service.

8. You must not attempt to restrict another user from using or enjoying the Service, and you must not encourage or facilitate violations of any of these Terms of Service.

D. USERS’ LICENSE TO ACCESS & USE THE SERVICE

1. In consideration of the rights granted and obligations entered into by you under these Terms of Service, 3133 grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to non-commercial access and use of the Service, and to electronically copy (except where prohibited without a license) and print hard copies of portions of Content on the Service for your informational, non-commercial and personal use only, provided that such license shall be conditioned upon your maintenance of all copyright, trademark, and proprietary rights notices displayed or used within the Service as well as your full compliance with these Terms of Service. Such license is subject to these Terms of Service in their entirety, and specifically does not include: (a) any resale or commercial use of the Service or any Content; (b) the collection or use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance, or public display (included but not limited to online public display) of any Content; (d) modifying or otherwise making any derivative uses of the Service or any Content, or any portion, aspect or element thereof; (e) downloading (other than page caching), harvesting, or scraping of any portion, aspect or element of the Service or any Content, or otherwise using any manual or automated software devices or other processes (such as, e.g., data mining, “bots”, “spiders”, other automated tools or similar data gathering and extraction methods) to index or collect any information or Content from the Service or any user of the Service; (f) causing to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements, or anything else which minimizes, covers, or frames or inhibits the full display of the Service and all of its Content; (g) modifying, adapting, translating, reverse-engineering, decompiling, disassembling, or converting into human-readable form, any portion, aspect or element of the Service or Content not intended to be so read, including using or directly viewing the underlying HTML or other code of the Service and/or Content except as interpreted and displayed in a web browser; (h) any action which in any way interferes with the normal operation of the Service; or (i) any use of the Service or any Content other than for its intended purpose.

2. Any use of the Service or any Content other than as specifically authorized herein, without the prior written permission of 3133, is strictly prohibited and will result in termination of the licensed granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communication regulations and statutes. Unless expressly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time and for any reason in 3133’s sole discretion.

3. At all times, as between you and 3133, 3133 shall retain all right, title, and interest in the Content as well as all proprietary rights therein, without limitation. The foregoing limited license for you to access and use the Service and the Content is not intended to transfer any ownership rights in the Service or any of the Content or any proprietary rights therein, without limitation.

E. TECHNICAL TERMS OF ACCESS & USE OF THE SERVICE

1. You must not interfere or disrupt the Service or any servers or networks connected to the Service, including, but not limited to, by transmission of any worms, viruses, spyware, malware, or any other harmful program or code of a destructive or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page within the Service is rendered or displayed in a user’s browser or device.

2. You may not use any “deep-link”, “page-scrape”, “bot”, “spider”, “crawler”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion, aspect, or element of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service, or to create user accounts with the Service. 3133 reserves the right to bar any such activity, or to prohibit access to the Service to any person who 3133 believes in its sole discretion to be engaging in any such activity.

3. You may not attempt to gain unauthorized access to any portion, aspect, or element of the Service or any Content, or any other systems or networks connected to the Service or to any 3133 server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate or illicit means.

4. You may not probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures of the Service or any network connected to the Service. You may not reverse look-up, trace, or seek to trace any information on any other user or visitor of the Service, or any other customer of 3133, its source, or exploit the Service or any service or information or Content made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.

5. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or 3133’s systems or networks, or any systems or networks connected to the Service or to 3133.

6. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on or through the Service, or with any other person’s access and/or use of the Service.

7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to 3133 on or through the Service or any service offered on or through the Service.

8. Although it is 3133’s intention for the Service to be available as much as possible, there may be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You acknowledge and agree that 3133 will not be liable to you for any modification, suspension, or discontinuance of the Service.

F. PRODUCT INFORMATION MADE AVAILABLE ON THE SERVICE

1. 3133 makes every effort to ensure that the Service is as accurate and complete as possible at all times. However, from time to time, information or materials on the Service concerning products, including but not limited to prices, may be out of date or inaccurate due to system, typographical, or other errors. While we make every attempt to avoid these errors, they do occur, and you acknowledge that such information or materials on the Service may contain inaccuracies or errors, and we expressly disclaim liability for any such inaccuracies or errors to the fullest extent permitted by law. 3133 reserves the right to discontinue or change descriptions, images, references, features, content, specifications, prices, and availability of products offered on or though the Service at any time without prior notice, in its sole discretion. There is also the possibility that products displayed on the Service may be out of stock or discontinued. The inclusion of any product on the Service at a particular time does not imply or warrant that such product is available at that time or will be available at any other time. The information and materials provided on the Service does not constitute a binding offer by 3133 to you for the sale of any product. 3133 further reserves the right to refrain from honoring inaccurate or erroneous prices, even after an order has been placed; errors in advertised prices are not binding on 3133, and may be adjusted by 3133 at any time. 3133 shall have the right to refuse or cancel orders placed for a product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. We apologize for any inconvenience this may cause. If you have any questions about any product, please do not hesitate to contact us at hello@3133jewelry.com.

2. 3133 makes reasonable efforts to accurately display the attributes of our products, including the applicable sizes and colors. However, some products displayed on the Service may appear larger or smaller than their actual size in our photographs, and, since every computer monitor is set differently, color and size may vary slightly. Accordingly, we cannot guarantee that your screen will accurately display product colors and sizes.

3. In compliance with industry standards and FTC regulations, 3133 states that carat total weight in all purchases may vary 0.05 carats from stated weight.

G. PURCHASE ORDERS

1. YOU MUST BE AT LEAST 18 YEARS OLD TO MAKE A PURCHASE ORDER THROUGH THE SERVICE WITHOUT THE INVOLVEMENT OF A PARENT OR GUARDIAN. BY SUBMITTING A PURCHASE ORDER THROUGH THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. If 3133 discovers or is of the opinion (as to which 3133 shall have sole discretion) that you are not legally entitled to make certain purchases through the Service, 3133 shall be entitled to cancel your order immediately, without notice.

2. If you wish to purchase a product offered for sale through the Service, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy (available at https://3133jewelry.com/pages/privacy-policy), which is hereby incorporated into these Terms of Service. All information that you provide to us or to our third-party payment processor must be accurate, current, and complete. BY SUBMITTING A PURCHASE ORDER THROUGH THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any user of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable shipping costs and/or taxes relating to your purchases. All purchase orders through the Service are subject to credit approval. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

3. 3133 reserves the right, for any reason in its sole discretion and at any time after receiving your order, to accept, refuse, place on hold, decline, or cancel any order you submit to us even after your receipt of an order confirmation. (Understand that your receipt of an email order confirmation does not signify 3133’s acceptance of your order or a confirmation of our offer to sell, but rather is simply an acknowledgement that we received your order.) 3133 reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product. 3133 shall not be liable to anyone for withdrawing any product from the Service or for refusing to accept any order.

4. After receiving your order, 3133 may contact you to request clarification, additional or missing information regarding your order or your account. It is your sole responsibility to deliver the additional information to 3133 in a timely manner. 3133 reserves the right, in its sole discretion, to place your order on hold or cancel your order if the requested information is not received in a timely and complete manner. Orders placed on hold will be automatically cancelled 15 days after being submitted if there’s missing information.

5. In the event 3133 changes or cancels an order, we will attempt to notify you by contacting the email address and/or phone number provided at the time the order was submitted. If your order is cancelled, 3133 will issue a refund in accordance with our Return Policy (https://3133jewelry.com/pages/return-policy).

6. Purchases of commercial quantities of products through the Service is not permitted without 3133’s prior written authorization. 3133 reserves the right to place further limits or restrictions on product orders in its sole discretion.

H. SHIPPING & DELIVERY; RETURNS, REFUNDS, & EXCHANGES

1. Terms regarding shipment and delivery of orders you place through the Service are set forth in our Shipping Policy, which may be viewed at https://3133jewelry.com/pages/shipping-policy and which is hereby incorporated into these Terms.

2. Terms regarding returns, refunds, and exchanges of orders you place through the Service are set forth in our Return Policy, which may be viewed at https://3133jewelry.com/pages/return-policy and which is hereby incorporated into these Terms.

3. Please note that 3133 is not and shall not be responsible for delays beyond our control once a package leaves our warehouse (e.g. carrier delays, customs holds, etc.) or lost or stolen packages after delivery confirmation. Please also note that the shipment of your order will only be covered by insurance if you pay the fee for additional package protection insurance at checkout.

4. Orders may be cancelled or modified, including a chance of shipping address after placing an order, by contacting us at hello@3133jewelry.com within 24 hours of purchase.

5. If you receive the wrong item, please contact us at hello@3133jewelry.com within 7 days of delivery for assistance.

I. THIRD-PARTY LINKS, ADVERTISEMENTS, & PROMOTIONS PROVIDED ON THE SERVICE

1. If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links may include links contained in advertisements, including banner advertisements and sponsored links. 3133 has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damages that may arise from your use or access thereof. If you choose to access any third party program, web site, application, software, and/or platform linked to this Service, you do so entirely at your own risk, and subject to the terms and conditions of use for such program, web site, application, software, and/or platform.

2. 3133 may run advertisements and promotions from third parties on the Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than 3133, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. 3133 is not responsible or liable for any loss or damage whatsoever incurred as a result of any such dealings or as the result of the presence of such non-3133 advertisers on the Service.

J. DISCLAIMER OF WARRANTIES

1. THE SERVICE, ITS CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. 3133 AND ITS EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS, AND AGENTS (COLLECTIVELY, THE “3133 DISCLAIMING PARTIES”) DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

2. THE 3133 DISCLAIMING PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE, ITS CONTENT, OR PRODUCTS OFFERED THEREIN, ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE 3133 DISCLAIMING PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

3. THE 3133 DISCLAIMING PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE 3133 DISCLAIMING PARTIES SPECIFICALLY DISCLAIM ANY SUCH WARRANTY. (SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF SERVICE.) BY ACCESSING OR USING THE SERVICE, HOWEVER ACCESSED, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

4. THE 3133 DISCLAIMING PARTIES DO NOT ENDORSE ANY CONTENT OR MATERIAL MADE AVAILABLE ON OR THROUGH THE SERVICE, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUCH CONTENT.

5. NO STATEMENT OF THE 3133 DISCLAIMING PARTIES OR ANY OF THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

K. LIMITATION OF LIABILITY

1. UNDER NO CIRCUMSTANCES WILL THE 3133 DISCLAIMING PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, ITS CONTENT, ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SERVICE, YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE OR ANY PRODUCTS OFFERED THEREIN, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE 3133 DISCLAIMING PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION OR ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE 3133 DISCLAIMING PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE 3133 DISCLAIMING PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) IN NO EVENT WILL THE 3133 DISCLAIMING PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

2. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ACTS OR OMISSIONS OF ANY OF THE 3133 DISCLAIMING PARTIES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY PROGRAM, WEB SITE, APPLICATION, SOFTWARE, PLATFORM, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY ANY OF THE 3133 DISCLAIMING PARTIES (INCLUDING, WITHOUT LIMITATION, THE SERVICE), AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY PROGRAM, WEB SITE, APPLICATION, SOFTWARE, PLATFORM, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY ANY OF THE 3133 DISCLAIMING PARTIES (INCLUDING, WITHOUT LIMITATION, THE SERVICE).

3. IN NO EVENT SHALL THE 3133 DISCLAIMING PARTIES’ LIABILITY TO YOU BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM. (NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)

L. INDEMNIFICATION

1. You (and also any third party for whom you conduct any activity on the Service) agree to defend (at 3133’s request), indemnify, and hold harmless 3133, its independent contractors and consultants, and their respective directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (a) your access or use of the Service; (b) your purchases, orders, and transactions with 3133; (c) your breach or alleged breach of these terms (including, without limitation, breach or alleged breach of any representation, warranty, or obligation set forth herein); (d) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (e) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (f) any misrepresentation made by you.

2. You will cooperate as fully required by 3133 in the defense of any such claim. 3133 reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of 3133.

M. ARBITRATION

1. For any dispute you have with 313, you agree to first contact us at hello@3133jewelry.com and attempt to resolve the dispute informally.

2. For any dispute that cannot be resolved informally, you agree that any dispute that you have with 3133 (whether or not such dispute involves a third party), including, without limitation, disputes related to these Terms of Service, your use of the Service, and/or copyright, trademark, publicity and/or privacy rights, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes, and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor 3133 will participate in class action or class-wide arbitration for any claims covered by these Terms of Service. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another user of the Service, if 3133 is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either 3133 or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.

3. If the prohibition against class actions and other claims brought on behalf of third parties set forth hereinabove is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This Arbitration provision of the Terms of Service will survive the termination of your relationship with 3133.

4. 3133 reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with 3133.

N. TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to the Service and/or your relationship with 3133 must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

O. ADDITIONAL PROVISIONS

1. These Terms of Service are governed by and construed in accordance with the Federal Arbitration Act, applicable United States federal law, and the laws of the State of Florida, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

2. For any action at law or in equity relating to the arbitration provision of these Terms of Service, you agree to resolve any dispute you have with 3133 exclusively in a United States state or federal court of competent jurisdiction located in the State of Florida, and to irrevocably and unconditionally submit to the personal jurisdiction of the courts located in the State of Florida for the purpose of litigating all such disputes.

3. If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. 3133’s failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any other provision or right set forth in these Terms of Service. No waiver of any of these Terms of Service will be deemed a further or continuing waiver of such term or condition or any other term or condition set forth in these Terms of Service. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Service.

4. The parties to these Terms of Service are independent contractors with respect to each other. These Terms of Service do not constitute and shall not be construed as constituting the parties as principal and agent, employer and employee, partners, joint venturers, or any similar relationship. These Terms of Service do not confer any third-party beneficiary rights other than as expressly provided for herein. Each party will bear its own costs and expenses in performing these Terms of Service.

5. You may not assign any of your rights or obligations under these Terms of Service, whether by operation of law or otherwise, without the prior written consent of 3133. Any purported assignment or delegation by you without the appropriate prior written consent of 3133 will be null and void. 3133 may assign these Terms of Service or any rights hereunder without your consent. Subject to the foregoing, these Terms of Service will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns.

6. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject 3133 to any registration requirement within such jurisdiction or country. 3133 reserves the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in their sole discretion, and to limit the quantities of any content, program, product, service or other feature provided within the Service.

7. 3133 does not represent or warrant that the Service or any part thereof or any products offered through the Service is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

8. Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

9. These Terms of Service constitute the entire agreement between you and 3133 regarding the Service and governs your access and use of the Service, superseding any prior agreements between you and 3133 regarding the Service.