Terms Of Service

These terms of Service apply to the Heather B. Moore Inc. Web Site located at www.heatherbmoore.com, and all associated Web sites linked to www.heatherbmoore.com by Heather B. Moore Inc. Please read these Terms of Service (the 'Terms of Service') carefully. By using the Site, you agree to be bound by these Terms of Service.

These Terms of Service govern your use of, and any purchase from, the Heather B. Moore Inc. Site, and constitute an agreement between you and Heather B. Moore Inc. Heather B. Moore Inc. reserves the right to change or modify any of these Terms of Service or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Service and any other applicable policies from time-to-time to understand the terms of service that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

USE: You have permission to electronically copy and print hard copies of pages from this Web Site solely for personal, non-commercial purposes related to placing an order or shopping with the Web Site. Unless we give you written permission in advance, any other use of this Web Site, its content and its information, including linking or framing to this Web Site, are strictly prohibited.

INFORMATION ON OUR SITE: At Heather B. Moore Inc., we make every attempt to ensure that our online catalog is as accurate and complete as possible. Unfortunately, it is not possible to ensure that any Web Site is completely free of human or technological errors. We reserve the right to correct any errors, inaccuracies or omissions -- including after an order has been submitted -- and to change or update information at any time without prior notice. Prices and descriptive information or imagery are subject to change without notice. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. We sincerely apologize for any inconvenience this may cause. If you have any questions, please do not hesitate to contact one of our Customer Service Representative at orders@heathermoorejewelry.com or 855.400.5430.

In order to give you the opportunity to view our products in great detail, some products 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.

Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item.

In compliance with industry standards and FTC regulations, Heather B. Moore Inc. states that carat total weight in all purchases may vary 0.05 carats from stated weight. Specific to our bridal collection rings, online we provide the total carat weight for women - a size 6.5, for men - a size 10. Dependent on size, carat weights can change.

We do not negotiate prices on our products.

PRIVACY POLICY: Please refer to our Privacy Policy for information on how Heather B. Moore Inc. collects, uses, and discloses personally identifiable information from its customers.

SITE CONTENT: The Site and all content and other materials, including, without limitation, the Heather B. Moore Inc. logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Heather B. Moore Inc. or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

TRADEMARKS: Heather B. Moore Inc., Heather B. Moore, Cherish Who You Are, and any other product or service name or slogan contained in our Site are trademarks of Heather B. Moore Inc. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Heather B. Moore Inc. or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Heather B. Moore Inc." or any other name, trademark or product or service name of Heather B. Moore Inc. without our prior written permission. All other trademarks, registered trademarks, product names and Heather B. Moore Inc. names or logos mentioned in our Site are the property of their respective owners.

THIRD PARTY CONTENT: Heather B. Moore Inc. may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. Heather B. Moore Inc. does not monitor or have any control over any Third Party Content or third party Sites. Heather B. Moore Inc. does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Heather B. Moore Inc. does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

ADVERTISEMENTS AND PROMOTIONS: Heather B. Moore Inc. may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Heather B. Moore Inc., and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Heather B. Moore Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Heather B. Moore Inc. advertisers on our Site.

SUBMISSIONS: You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Heather B. Moore Inc., or our products or services that are provided by you to Heather B. Moore Inc. are non-confidential and shall become the sole property of Heather B. Moore Inc. Heather B. Moore Inc. will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Heather B. Moore Inc. and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they 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 violate any rights of or cause injury to any person or entity.

PRODUCT REVIEWS AND USER CONTENT: Our Site includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site ('Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:

  1. Any message, data, information, text, music, sound, photos, video, graphics, code or other material ('User Content') that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. 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, including, without limitation, 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;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  8. User Content that, in the sole judgment of Heather B. Moore Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Heather B. Moore Inc. or its users to any harm or liability of any type.

Heather B. Moore Inc. takes no 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 is Heather B. Moore Inc. liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Heather B. Moore Inc. 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. Heather B. Moore Inc. reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site 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 Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms of Service can and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Heather B. Moore Inc.’s systems and customers, or to ensure the integrity and operation of Heather B. Moore Inc.’s business and systems, Heather B. Moore Inc. 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 addressing and traffic information, usage history, and posted User Content. Heather B. Moore Inc.’s right to disclose any such information shall govern over any terms of Heather B. Moore Inc.’s Privacy Policy.

If you post User Content to our Site, unless we indicate otherwise, you grant Heather B. Moore Inc. and its affiliates 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 grant Heather B. Moore Inc.’s and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (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 of Service and will not violate any rights of or cause injury to any person or entity.

DISCLAIMER OF LIABILITY: We make no representations or warranties of any kind, whether express or implied, with respect to this Web Site, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this Web Site or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

By visiting this Web Site, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.

DISCLAIMER OF WARRANTY: Except as expressly provided to the contrary in a writing by Heather B. Moore Inc., this Site, the content contained therein and the products and services provided on or in connection therewith (the “products and services”) are provided on an “as is” basis without warranties of any kind, either express or implied. Heather B. Moore Inc. disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information content, and materials in our site. Heather B. Moore Inc. does not represent or warrant that materials in our site or the services are accurate, complete, reliable, current or error-free. Heather B. Moore Inc. does not represent or warrant that our site or its servers are free of viruses or other harmful components.

MODIFICATION AND NOTICE: You agree that Heather B. Moore Inc. may modify these Terms of Service and any other policies on our Site at any time and that posting the modified Terms of Service or policies on our Site will constitute sufficient notice of such modification.

TERMINATION: Notwithstanding any of these Terms and Services, Heather B. Moore Inc. 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.

As part of our ongoing commitment to ensure that your shopping experience with the Web Site is protected, we will prosecute all unauthorized or fraudulent transactions to the fullest extent allowed by law.

QUESTIONS & CONTACT INFORMATION: If you have any questions, please do not hesitate to contact one of our Heather B. Moore Inc. Customer Service Representatives at info@heatherbmoore.com.