MyAleph Terms of Use and Terms of Sale

Welcome to MyAleph and our Terms of Use and Sale (collectively, the “Agreement”). The Site is owned and operated by Aleph Jewelry LLC, our subsidiaries or affiliates (herein referred to as “MyAleph,” “we,” “us” or “our”). This Agreement is important and contains terms and conditions that govern your use of the website www.MyAleph.com (the “Site”) and all sales made by MyAleph. Because such terms affect your legal rights, please read them carefully. The Site may be used only for informational and online shopping purposes. By accessing or using the Site pursuant to which we offer products for purchase (the “Products”) (collectively, with the Site, the “Services”), you agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated herein by reference. If you do not agree to abide by any of the terms herein, in any manner, do not use the Site, including but not limited to, uploading, or downloading information or material onto the Site and/or making any purchases on the Site.

If you reside outside the United States, additional terms and conditions may be applicable to you that either supplement or replace certain provisions in this Agreement. Please visit the terms corresponding to the country where you reside. Except as written in any other user agreements, disclaimers, policies, terms of use, statements, or other notices on the Site, this Agreement, our Returns and Refund Policy, our Shipping Policy and our Privacy Policy are the complete agreements between you and MyAleph with respect to your use of the Site and any purchase thereon. The terms herein shall prevail over all other documents, including prospectuses and catalogs, as to terms and conditions of sale on the Site. All exceptions to these terms shall require MyAleph’s express written agreement, given no later than the acceptance of the order.

Customers ordering from outside of the United States are responsible for paying the cost of any duties and fees associated with their delivery. Furthermore, we do not allow for refunds or returns on orders delivered to an address outside of the United States. We appreciate your understanding and are here to help with any other questions you might have.

We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms” link on the Site. We will also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means. Your continued use of the Site after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current Agreement, so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Site.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Privacy Policy.

Please refer to our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you.

2. Eligibility.

2.1 If you are below the age of consent under applicable law in the country and/or State in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf.

2.2 You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.

2.3 We continually test new features, functionalities, services, user interfaces and Products that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without notice.

2.4 You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. If the applicable law in the country and/or state in which you reside requires that you must be older than 18 to receive certain Services, then the minimum age is the legally required one. If you are a minor, you may wish to consult your parents about what portions of the Services are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule or regulation.

3. Products.

3.1 Any reference to a MyAleph product, or service on the Site does not imply that such product or service is or will be available in your country and/or state where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product, application, or service in your country and/or state and you should always rely on Product information especially created for your country and/or state. The Site contains information about products and services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on linked sites as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the state where you are located.

3.2 MyAleph cannot guarantee that any Product advertised or offered for sale on the Site will be available when ordered or thereafter. In the circumstance that any Product you select becomes unavailable after we have received your Order, as defined hereunder, customer service will inform you by phone or e-mail as soon as possible. You will have the option to choose another product or cancel your Order unless the Order which was made was a multiple Order, in which case customer service will inform you by phone or email of which part of the Order will still be shipped. You will only be charged for the part of the Order which is shipped and may then choose another product to replace the unavailable Product, which will be processed as a separate Order.

4. Registration.

You may register for an account on the Site (an "Account") and any purchase of Product on the Site will require the creation of an Account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's Account or registration information for the Site without permission. You must notify us immediately of any change in your eligibility to use the Site, breach of security or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. You have the ability to delete your Account at any time, as described in our Privacy Policy.

5. Use of the Site.

5.1 The Site contains material, including but not limited to software, text, graphics, and images (collectively referred to as the “Content”). We either own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

5.2 The trademarks, service marks, and logos of MyAleph, whether (collectively, the “MyAlephTrademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of MyAleph. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the MyAlephTrademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks (this shall exclude any negative feedback on the Products). No use of the Site should be made to tarnish our Trademarks or third parties’ Trademarks. Use of any MyAleph Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any MyAleph Trademark shall inure to our benefit.

5.3 You may not use the Sites for any unlawful or prohibited purpose or in any manner that is inconsistent with the limited privilege granted herein. In particular, you agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; (d) delete or alter any material we or any other person or entity posts on the Site; (e) otherwise take any action in violation of our guidelines and policies; (f) using the Site to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Site; or (g) modify, erase, or damage any information contained on the computer of any user connected to the Site.

5.4 In using the Site, you agree not to: (a) disrupt or interfere with the security of, or otherwise abuse the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites; (b) disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; (c) upload, post, or otherwise transmit through or on any Site any viruses or other harmful, disruptive or destructive files; (d) transmit through or on the Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (e) attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.

In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the
Site.

6. Third Party Sites.

6.1 The Site may contain links to third-party websites, services, or other resources on the Internet (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.

7. User Content.

7.1 With respect to the Photos (as defined below), Submissions (as defined below), and any content or other materials you provide to or upload through the Site or share with other Site users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, hateful, discriminatory, defamatory, libelous, deceptive, fraudulent, spam, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion. You shall not (and shall not permit any third party to) transmit through the Site any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us; reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make; or build a competitive product or service using the Site, build a product or service using similar ideas, features, functions, or graphics as the Site or determine whether the Site is within the scope of any patent. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site and the Content or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

7.2 The Site may pull content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, #MyAleph, #Aleph (collectively, the “MyAleph Hashtags”), or tagging the @MyAleph (collectively, “Photos”). You acknowledge and agree that the Photos may be used by MyAleph, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after the termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

7.3 By uploading any User Content you hereby grant and will grant MyAleph and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph and biographical information provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after the termination of your Account or the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

7.4 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services (collectively, “Submissions”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.

7.5 You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MyAleph, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

8. IP Infringement.

8.1 We respect the intellectual property rights of others and require that the people who use our Site and products do the same. If you are a copyright owner and believe that any content posted on the Site infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”): a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our DMCA-designated copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: info@myaleph.com

9. Term/Termination.

9.1 MyAleph may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features, at any time. MyAleph may remove, modify or otherwise change any Content, including that of third parties, on or from the Site. MyAleph may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. MyAleph reserves the right to terminate your authorization to use the Site and to delete one or more of your related accounts immediately at any time if you breach or threaten to breach any of the terms herein. MyAleph may further terminate the authorization and rights provided herein and your use of the Site at any time in its sole discretion and upon such termination, you shall immediately destroy all materials that you have downloaded from the Site.

9.2 Upon Termination or Term, you must (i) you must destroy all content obtained from the Site and all copies thereof; (ii) you will immediately cease all use of and access to the Site; (iii) we may delete or disable access to any of your User Content at any time; (iv) and we may delete your Account at any time. You agree that if your use of the Site is terminated pursuant to this Agreement, you will not attempt to use the Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur, therefore. We reserve the right to have all violators prosecuted to the fullest extent of the law.

10. Securities Disclaimer.
MyAleph Sites may contain "forward-looking statements" as defined in the Private Securities Litigation Reform Act of 1995. These statements, at the time they were made, were based on then-current expectations of future events. If any of those underlying assumptions prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from MyAleph expectations and projections in these statements.

These risks and uncertainties include general industry conditions and competition: economic conditions such as interest rate and currency exchange rate fluctuations, technological advances and patents attained by competitors, challenges inherent in new product development including obtaining regulatory approvals, domestic and foreign health care reforms and governmental laws and regulations and trends toward health care cost containment. MyAleph assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

11. Payments; Ordering; and Billing.

11.1 In order to process your purchase on the Site (the “Order”) placed through the Site, you must select the Product you wish to buy and click the “Add to Shopping Bag” button. The selected Product(s) will then be included in the “Shopping Bag” and the Order can be placed by filling out the Order form and affirmatively accepting this Agreement. Prior to submitting the Order, you are required to verify the accuracy of the information provided and make the necessary corrections. The Order is submitted when you click the “Place Order” button. After placing an Order, within twenty-four (24) hours, you will receive an automatic e-mail confirmation from us acknowledging that we have received your Order. Please note that clicking the “Place Order” button does not mean that your Order has been accepted, the purchase completed, and/or that the Product is available. Your Order constitutes an offer to us to buy a Product which may not be accepted. Upon receipt, the Order will be submitted to MyAleph for processing and may not be changed or canceled by you except as expressly provided in this Agreement or as required by applicable law. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a second e-mail that confirms that the Product has been dispatched and which contains the relevant tracking number (the “Order Confirmation”). The Order Confirmation will also list each Product being dispatched and the final price (inclusive of taxes, shipping, and handling charges). MyAleph files for its own records evidence of all transactions between MyAleph and its customers. Download and file for your own records this Agreement and the Order Confirmation. In the event of a dispute between MyAleph and you relating to a transaction conducted on the Site, you agree that the data recorded by MyAleph shall be treated as evidence of the details of the transaction.

11.2 An Account will be automatically created upon the purchase of the Product. You agree to provide accurate and up-to-date payment information at the time you order any Product. We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your Order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. MyAleph reserved the right to cancel any Order as a result of a declined payment. For your protection, our payment processor uses various fraud prevention protocols and industry-standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services. Please refer to our Privacy Policy for more guidance as to the collection and storage of your data.

11.3 You agree to have sufficient funds or credit available upon placement of any such Order to ensure that the purchase price will be collectible by us. We strive to provide accurate pricing information regarding the Products available on the Site. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any Orders placed for a Product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email.

11.4 The prices of MyAleph Products are indicated in U.S. dollars. Unless otherwise specified, prices quoted are exclusive of (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value-added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping, or carriage of the Products as such costs are specified by us when you submit your order.

11.5 On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two (2) years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

11.6 All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All Orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

11.7 MyAleph reserves the right to modify the price of products offered on the Site at any time without prior notice to you. You will be charged the prices displayed on the Site at the time the order was confirmed by you by clicking on the “Place Order” button. We occasionally run promotions or provide limited-time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions.

11.8 You are responsible for the costs incurred when using the Site in connection with placing an Order with us (cost of internet access, telephone costs).

11.9 MyAleph does not warrant that information on the Site (including without limitation description of the Product, colors or photographs) is accurate, complete, reliable, current or error-free. The images of the products on our Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the Product. Your Product may vary slightly from those images. Accordingly, MyAleph shall not be liable for any error or inaccuracy in the photographs or graphical representations of MyAleph Products displayed on the Site. Accordingly, if a Product is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us. If you have any questions about the Product, you may contact customer service by emailing info@myaleph.com.

12. Shipping, Delivery and Custom You will find our Shipping Policy on our Website or by clicking here. Please note that our Shipping Policy is subject to this Agreement. Any purchase on our Website and Product shipped to you means that you agree with our Terms of Sales and Terms of Use. 


13. Returns and Exchanges. You will find our Return and Refund Policy on our Website or by clicking here. Please note that our Return and Refund Policy is subject to this Agreement. Any purchase on our Website means that you agree with our Terms of Sales and Terms of Use.

14. Limitation of Liability and Disclaimer of Warranties.

14.1 THE SITE AND ITS CONTENT ARE PROVIDED AS A CONVENIENCE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, MYALEPH, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “MYALEPH PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE MYMYALEPHPARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SITE OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, SHALL THE MYMYALEPHPARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, INTERRUPTION OF SERVICE, LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IF MYMYALEPHHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF MYMYALEPHWOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14.2 YOU ACKNOWLEDGE THAT MYALEPH DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH ANY WEBSITES INCLUDING THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, MYMYALEPHAND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY LESSON, MATERIAL, ADVICE, OPINION, SUMMARY, STATEMENT OR OTHER CONTENT OR OF ANY APPLICATIONS, PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD-PARTIES THROUGH ANY THIRD-PARTY OR THE SITE.

14.3 THE MYALEPH PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO MYMYALEPHPARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

14.4 EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE MYMYALEPHPARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

14.5 CHOKING HAZARD DISCLAIMER: MYALEPH ASPIRES TO CURATE A COLLECTION OF SAFE, HIGH-QUALITY PHONE ACCESSORIES FROM SEMI-PRECIOUS BEADS. TO THE BEST OF OUR KNOWLEDGE, ALL OF OUR PRODUCTS HAVE BEEN SOURCED AND MANUFACTURED CONFORMING TO REASONABLE SAFETY STANDARDS. ALL PRODUCTS ARE INTENDED TO BE USED BY ADULTS. SOME PRODUCTS MAY CONTAIN SMALL PARTS WHICH COULD POSE A CHOKING HAZARD FOR YOUNG CHILDREN AND CUSTOMERS – CHILDREN AGES 3 AND UNDER ARE ESPECIALLY AT RISK FOR INJURY FROM OUR ACCESSORIES. IT IS THE ADULT’S RESPONSIBILITY TO CHECK THE PRODUCT FOR DAMAGES AND OTHER HAZARDS. IT IS THE RESPONSIBILITY OF THE PARENT/GUARDIAN/CARER’S RESPONSIBILITY TO GAUGE OUR PRODUCTS' SUITABILITY. WHEN PURCHASING PRODUCTS FOR CHILDREN OR YOUNG CUSTOMERS, YOU UNDERSTAND AND ACKNOWLEDGE THAT IT IS THE RESPONSIBILITY OF THE SUPERVISING ADULT TO DETERMINE THE APPROPRIATE AND SUITABLE PRODUCTS FOR THEIR CHILD. MYMYALEPHASSUMES NO RESPONSIBILITY FOR THE MISUSE OF OUR PRODUCTS.

14.6 IN NO EVENT SHALL ANY MYALEPH PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH MYMYALEPHPARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00.

14.7 The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Except as otherwise provided under applicable laws and regulations regarding the security of personal data, MYALEPH disclaims any warranty or representation that confidentiality of information transmitted through the Site will be maintained. No advice or information, whether oral or written, obtained by you from MYALEPH or third parties through the Site shall create any warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE MYALEPH PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS ANY LEGAL RIGHTS AND REMEDIES YOU HAVE UNDER LOCAL LAW.

15. Indemnification.

15.1 To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the MYALEPH Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any User Content or Submissions you provide, or your access to, use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to info@myaleph.com. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

16. ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

16.1 Scope of the Arbitration Agreement. If MyAleph cannot resolve any dispute with you regarding the Site, any transaction conducted on the Site or these terms, both you and MyAleph agree that any such dispute will be resolved through binding individual arbitration. Both you and MyAleph understand and agree to waive the right to sue or go to court to assert or defend our respective rights. However, either you or MyAleph may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversies between you and MyAleph, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under the law.

16.2 Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and MyAleph agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

16.3 How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by these Arbitration Provisions. To file an arbitration demand and review the AAA Rules, you can go to the AAA’s website www.adr.org, or call the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, you and MyAleph will mutually agree to, or the court shall select, another arbitration provider. The arbitration will be conducted by telephone, videoconference, or in person in the county of your residence (as determined by your billing address on file in your MyAleph account) as mutually agreed upon by you and MyAleph. If you live outside the United States, any arbitration will take place in New York, NY. Unless the arbitrator finds some or all of your claims to be frivolous, without merit or otherwise non-reimbursable, MyAleph will pay all filing, administrative, arbitrator and hearing costs up to the amount of $10,000. In determining whether an action is frivolous, the arbitrator may consider whether MyAleph offered you a full refund of the sum you paid for any items you purchased, or otherwise offered full relief to you in relation to your individual claim.

16.4 Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and MyAleph also agree to waive the right to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

17. User Must Comply with Applicable Laws.

You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations.

18. Transfer and Processing of Personal Data.

18.1 In order for us to provide the Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. Please consult our Privacy Policy for more information regarding your personal data.

19. Miscellaneous.

19.1 This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. Any dispute between you and MyAleph that is not subject to arbitration or cannot be heard in small claims court will be resolved in state and federal courts sitting in the City of Los Angeles in the State of California. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Any information you submit to or provide through the Site might be publicly accessible, and you should protect important and private information. We are not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use. Products, including any intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses. Any term herein may not be amended, supplemented, changed, or modified, except by agreement in writing signed by the parties to be bound thereby. Ambiguities, if any, shall not be construed against any party, irrespective of which party may be deemed to have authored the ambiguous provision.

19.2 Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between us and you with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between us and you with respect to the subject matter. No proposal, purchase order, order confirmation, acceptance, or any other document provided by either party to the other, or any electronic click-wrap, terms of use or similar online consent or acceptance language accompanying shall be deemed to amend the terms hereof and any such contradictory or additional terms shall be ineffective. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of

20. Contact us.

20.1 If you have questions about this Agreement, or if you have technical questions about the operation of the Site, please contact us through this online form or by writing us at 8605 Santa Monica Blvd PMB 16994, West Hollywood, California 90069-410 or emailing info@myaleph.com. If you have any questions or comments about MyAleph or our products or have other customer service needs, please email info@myaleph.com for information on contacting our customer service representatives. this Agreement and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@myaleph.com.