TERMS OF USE

These terms and conditions apply to the Emerida Jewelry Web site located at https://www.emerida-jewelry.com and its subsidiaries and affiliates, including Emerida Jewelry's sites around the world (collectively the “Site”) and other websites that expressly incorporate these Conditions ("Conditions"). In some instances, a particular Emerida Jewelry product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Emerida Jewelry Site.

Emerida Jewelry may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Emerida Jewelry may give by any means, including, without limitation, by posting the revised Conditions on the Emerida Jewelry Site. You are responsible for reviewing the Emerida Jewelry Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site. Any access or use by you of the Emerida Jewelry Site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site.

Please review our Privacy Policy, which also governs your visit to this site and for information on how Emerida Jewelry collects, uses and discloses personally identifiable information from its customers. Emerida Jewelry does reserve the right to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Emerida Jewelry’s systems and customers, or to ensure the integrity and operation of Emerida Jewelry’s business and systems, and as such, Emerida Jewelry may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, and posted User Content (as defined herein). Emerida Jewelry’s right to disclose any such information shall govern over any terms of Emerida Jewelry’s Privacy Policy.

This emerida-jewelry.com web site is owned and operated by Emerida, LLC. Unless otherwise noted, all design and content included on this web site, including text, graphics, logos, icons, images, artwork, audio and video clips and software is the property of Emerida Jewelry (or is used under license to Emerida Jewelry) and is protected by United States and international copyright laws.

Emerida Jewelry, emerida-jewelry.com, and other marks indicated on Emerida Jewelry's web site(s) are trademarks and/or service marks of Emerida, LLC. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress of Emerida Jewelry. Emerida Jewelry's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Emerida Jewelry's, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Emerida Jewelry. All other trademarks related to the products sold on this web site are the sole property of their respective owners.

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Nothing on this web site or in these Terms of Use should be construed as any license or right to use any trademarks or service marks displayed on the web site without the express written permission of Emerida Jewelry or the trademark or service mark owner. Neither the names "emerida-jewelry.com" or "Emerida Jewelry" nor Emerida Jewelry's logos may be used for any purpose without Emerida Jewelry's prior written consent. Emerida Jewelry's logos may not be used as a "hot" link to any other web site without Emerida Jewelry's prior written consent.

Emerida Jewelry's web site(s) and content are intended solely for personal and non commercial use by visitors and on-line shoppers. Any use of any Emerida Jewelry web site or its content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of any Emerida Jewelry web site. However, you may download, electronically copy and print any of the content of a Emerida Jewelry web site for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use any Emerida Jewelry web site in any manner that may be harmful to the operation of the web site or its content.

If you access or use Emerida Jewelry web site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. If you are under 18 years old, you may use Emerida Jewelry.com only with the involvement of a parent or guardian. Emerida Jewelry reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.

The Site may permit the submission, sharing and publishing of the content (names, story and photos) sent by you ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to remove and/or delete any and all content posted on the Site (including User Submissions) at any time and for any reason.

You represent and warrant that you own or have the necessary rights and permissions to use and authorize Emerida Jewelry to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all copyrights, service marks, trademarks, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.

We appreciate hearing from our customers and welcome your comments and suggestions regarding Emerida Jewelry's web site(s) and the products offered for sale by Emerida Jewelry, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.

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If you do submit comments or suggestions, you should be aware that Emerida Jewelry's policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. Emerida Jewelry values your feedback on our products and our service but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to Emerida Jewelry will become the property of Emerida Jewelry and shall not be subject to any obligation of confidentiality on the part of Emerida Jewelry. Emerida Jewelry shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Emerida Jewelry shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.

Emerida Jewelry makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Emerida Jewelry cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, Emerida Jewelry does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Emerida Jewelry makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Emerida Jewelry reserves the right to refuse the sale of that item. If the pricing error is discovered after payment has been finalized, Emerida Jewelry reserves the right to cancel the sale and refund the transaction in full. If a product offered by Emerida Jewelry is not as described, your sole remedy is to return it in unused condition.

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In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system and typographical errors which may occur. Inadvertent errors or inaccurate advertised prices are not binding on Emerida Jewelry, and may be adjusted by Emerida Jewelry at any time. Emerida Jewelry reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product’s listed price than the actual price, Emerida Jewelry will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation.

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Information that we communicate is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policies.

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Emerida Jewelry retains the full unrestricted rights to all jewelry designs, whether custom or standard, and may choose to market or sell jewelry based on such designs.

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Emerida Jewelry's product details and prices are also subject to change without notice. All of our prices are final and non-negotiable. Emerida Jewelry does not allow multiple pieces to be purchased for comparison, which is the act of buying several items with the intent of keeping the item that you like best and returning the remaining items that were purchased. If you have any questions regarding our policy, please contact our Customer Service line at +1 (888) 321-4445.

Emerida Jewelry's web site(s) contain links to web sites that are not maintained by Emerida Jewelry. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link in this web site does not imply Emerida Jewelry's endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.

THE MATERIALS AND INFORMATION PROVIDED BY EMERIDA JEWELRY ON ANY OF ITS WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMERIDA JEWELRY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEB SITE(S) OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON ITS WEB SITE(S). YOU AGREE THAT YOUR ACESS TO, AND USE OF ALL EMERIDA JEWELRY WEB SITES(S) IS AT YOUR OWN RISK.

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TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EMERIDA JEWELRY DISLCAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMERIDA JEWELRY DOES NOT WARRANT THAT ITS WEBSITE(S), ITS SERVERS, OR EMAIL SENT FROM emerida-jewelry ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMERIDA JEWELRY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

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This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that Emerida Jewelry is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.

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The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you nay have additional rights. However, in no event shall Emerida Jewelry's aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Emerida Jewelry by you for accessing Emerida Jewelry's web site(s).

Title for goods purchased passes from Emerida Jewelry to the purchaser’s designee at the time that goods are delivered to the designee.

For your your protection, Emerida Jewelry insures and registers all items for their full value. Emerida Jewelry requires that all deliveries must be made to a physical business or home address only - we do not ship to P.O. Box addresses. We also require an adult to sign for the delivery for jewelry orders.

Emerida Jewelry reserves the right to cancel products or services to any customer for any reason at any time. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Emerida Jewelry has the sole discretion to terminate and bar specific website users or Emerida Jewelry account holders who under appropriate circumstances are determined to be repeat infringers. Emerida Jewelry further reserves the right to limit access to this website and/or terminate the account of any users whom Emerida Jewelry reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.

Emerida Jewelry may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and Emerida Jewelry is not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of, advertisers other than Emerida Jewelry and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this website, Emerida Jewelry, or the Emerida Jewelry products or services that are provided by you to Emerida Jewelry in any form are not confidential and upon submission, shall become the sole property of Emerida Jewelry. Emerida Jewelry shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Emerida Jewelry and its sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.

Emerida Jewelry’s website and social media accounts include or may include in the future a product review feature, discussion forums, user generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials or other items on our website or social media accounts (“Interactive Areas”). You shall be solely responsible for your use of such Interactive Areas. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following: (a) Any message, data, information, text, music, sound, photos, video, graphics, code or other material (“User Content”) that is or would reasonably be considered to be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, statute or regulation, including, but not limited to, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of Emerida Jewelry, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose Emerida Jewelry or its users to any harm or liability of any type.

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If you post User Content to our website, email User Content to Emerida Jewelry, and/or provide Emerida Jewelry permission to use, repost, or otherwise share User Content you have created or shared on social media, you grant Emerida Jewelry a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant Emerida Jewelry and sublicensees the right to use the name that you submit in connection with such content, if they choose to do so. You represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the right to such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.

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Emerida Jewelry disclaims any responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor shall Emerida Jewelry be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter as a result of said User Content posted. Your use of the Emerida Jewelry Interactive Areas is at your own risk. Emerida Jewelry is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Additionally, Emerida Jewelry reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our website at your sole cost and expense.

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Any use of the Interactive Areas or other portions of the Emerida Jewelry website in violation of the foregoing paragraph violates these Terms and Conditions and may result in termination or suspension of your rights to use the Interactive Areas and/or our website.

THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS PROVIDED IN CONNECTION THEREWITH (THE "PRODUCTS") ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. Emerida Jewelry MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, BY YOUR OWN FREE WILL, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM THIS USE. WITHOUT LIMITING THE FOREGOING, Emerida Jewelry DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE. Emerida Jewelry, DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ITS ELECTRONIC COMMUNICATION ARE ACCURATE, RELIABLE, COMPLETE, CURRENT OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL Emerida Jewelry, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Emerida Jewelry PRODUCTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM THE USE OF OUR SITE, THE PRODUCTS, THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE Emerida Jewelry SITE, OR THAT RESULTS FROM THE RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Emerida Jewelry, INCLUDING ANY ERROR OR OMISSION REGARDING LISTED DIAMOND ORIGIN, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE Emerida Jewelry SITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Emerida Jewelry’S PROGRAMS OR SERVICES, EVEN IF Emerida Jewelry IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF THE LOSS, DAMAGE OR EXPENSE WAS CAUSED BY Emerida Jewelry, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS. IN NO EVENT SHALL Emerida Jewelry'S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.

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Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.

You agree to defend, indemnify, and hold harmless Emerida Jewelry, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Emerida Jewelry Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Emerida Jewelry and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

Links to other Internet sites and services operated by third parties, including Emerida Jewelry vendors, do not constitute sponsorship, endorsement, or approval by Emerida Jewelry of the content, policies, or practices of such linked sites or services. Emerida Jewelry is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.

Notwithstanding any of these Conditions, Emerida Jewelry reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.

These Conditions contain the entire understanding of you and Emerida Jewelry with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Emerida Jewelry with respect to the subject matter hereof. The failure of Emerida Jewelry at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Emerida Jewelry to thereafter enforce each and every provision of these Conditions. No waiver by Emerida Jewelry of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

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• Phone:  +1 (888) 321-4445

• By email:  info@emerida-jewelry.com

• By mail:  Emerida, LLC. attn: Legal / Privacy, 6222 Richmond Avenue, 730, Houston, Texas 77057, USA

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Privacy Policy Effective Date: June 18, 2019