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Website: These Terms and Conditions of Use and Sale (“Terms”) apply to your use of the LoveEarth, LLC (“LoveEarth”) website at www.LoveEarthJewelry.com and the sale of product by LoveEarth. Please read and understand the Terms as they contain limitations on representations and warranties as well as various liability obligations.  BY YOUR CONTINUED USE OF THE WEBSITE AND/OR THE PURCHASE OF PRODUCT YOU AGREE: i) TO BE BOUND BY THE TERMS; and ii) THAT SUCH USE AND/OR PURCHASE CONSTITUTES CONSIDERATION ADEQUATE TO CREATE A BINDING AGREEMENT TO THE TERMS.

LoveEarth reserves the right, at its sole discretion, to modify the Terms at any time effective upon the posting of such updated Terms to the website. You agree that your continued use of the website, and/or purchase of product, constitutes acceptance of the latest applicable Terms. Therefore, you should review the Terms periodically as part of the use of the website and/or purchase of product from LoveEarth. 

Note, this Website is not intended for access or use by children under eighteen (18) years of age or those individuals without the capacity to be legally bound by these Terms.

Re-seller Registration:

LoveEarth is a distributor to registered retail partners not a direct retailer to consumers.  Retail consumers may access the website to view product and related information but must purchase product only via a registered retail partner. All retail partners must register with LoveEarth at www.LoveEarthJewelry.com in order to use the website content as part of their retail business and purchase product for resale to their customers. Registration provides a limited, revocable, non-exclusive, license to use the website content without infringement of LoveEarth copyright and/or other intellectual property rights.

Representations and Warranties: 

LoveEarth is a social and ecological mindful designer, manufacturer and distributor of lab-grown diamond jewelry, loose lab-grown diamonds and lab-grown melee. Our diamonds are man-made in the United States, using environmentally conscious recycled gold and U.S. lab-grown diamond centers. A lab-grown diamond is a real diamond in every sense: chemically, physically, optically, and atomically. They are also called synthetic diamonds and share the same diamond crystal lattice structure as the earth-mined diamonds.  LoveEarth diamonds are lab-grown regardless of whether the term “lab-grown” or “man-made” is used as part of each product description.

EXCEPT AS SPECIFICALLY STATED HEREIN ABOVE, LOVEEARTH MAKES NO REPRESENTATIONS AS TO THE USE OF THE WEBSITE, ITS CONTENT, OR PRODUCTS, AND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF LAW.  Further, LoveEarth does not warrant or make any representations concerning the accuracy or reliability of the website content or other information that may be accessed via third-party websites linked to the website.

As a registered retail partner, you agree that you shall not represent, market, resell, and/or distribute, LoveEarth products by stating, advertising, or implying any origin other than “lab-grown” or “man-made” to any subsequent retail customer.  Under no circumstances shall LoveEarth be considered liable for misleading advertising in connection with a retail transaction or any subsequent transfer of LoveEarth product, and under no circumstance shall LoveEarth be liable for damages in connection with fraudulent representation, misrepresentation or deceptive statements of any nature.

Third-Party Links:

This website may contain links to third-party websites and resources.  You acknowledge and agree that LoveEarth is not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources.  Links to such websites or resources do not imply any endorsement by or affiliation with LoveEarth. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

LIMITATION TO LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL LOVEEARTH BE LIABLE TO YOU, OR ANYONE ELSE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR PRODUCTS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE, OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR PURCHASED PRODUCT. 


Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Indemnification: 
You hereby agree to indemnify, defend, and hold us, and our third-party licensors, harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by LoveEarth and/or our third-party licensors, arising out of, in connection with or related to any: (i) breach or alleged breach by you of these Terms; (ii) use by you of the website, and/or purchased product; (iii) third-party claims to the extent related to items (i) and (ii) above.

Copyright/ Trademark:
The content of this website is protected under applicable copyright and trademark laws.  LoveEarth authorizes registered retail partners to copy, download or print the content provided that:
  1. All copyright and other proprietary notices contained herein shall be retained;
  2. The content shall not be modified in any way; and
  3. Such use shall not constitute an infringement of the rights of LoveEarth or any third parties (including, without limitation, defamation, or infringement of the right of privacy or right of publicity). 

Except as expressly provided above in Item 3, nothing contained herein shall be construed as conferring any license or right under any patent, trademark or copyright of LoveEarth or any third party.

Governing Law, Venue and Mediation:
These Terms shall be construed in accordance with, and governed by, the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of laws, as applied to contracts that are executed and performed entirely in Massachusetts. The exclusive venue for any court proceeding based on or arising out of access, use or products related to this website shall be Boston, Massachusetts. The parties agree to attempt to resolve any dispute, claim or controversy by mediation, or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

Privacy Policy:
The Privacy Policy presented elsewhere on this website is incorporated by reference as part of these Terms. 

Entire Agreement:
These Terms constitute the entire agreement between you and LoveEarth pertaining to the website and product, and supersedes all prior and contemporaneous agreements, representations, and understandings. No waiver of any of the provisions of these Terms shall be deemed, or shall constitute, a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by LoveEarth.