October 25th, 2017
Welcome to Lloyd Associates, Incorporated and to Lloyd Gems! These terms and conditions are an agreement entered into by and between you (“you”, “your”) and Lloyd Associates, Incorporated d/b/a Lloyd Gems (the “Company”, “we”, “us”, “our and “Lloyd Gems ").
Lloyd Associates, Incorporated dba Lloyd Gems: Lloyd Gems is affiliated with Lloyd Associates, Incorporated, the parent company of Lloyd Gems. For the purpose of these terms and conditions Lloyd Associates, Incorporated wholly owns and controls Lloyd Gems through common ownership and bears legal responsibility for Lloyd Gems. The references to “Lloyd Gems” in these terms and conditions also refer to Lloyd Associates, Incorporated that link to these terms and conditions from another website.
Use of the websites:
Age Restriction: Use of our websites are restricted to individuals who are either age 18 or over, or those between the ages of 13 and 18, who are using the website with the permission of a parent or guardian. By using our websites, you represent to Lloyd Associates, Inc. dba Lloyd Gems that you are in one of these age categories.
Governed by laws: In addition to agreeing to the terms and conditions contained herein, you agree to abide by any and all laws, statutes, ordinances, rules and regulations concerning your use of our websites. As a condition of access to and use of our websites you agree that you will not access or use our websites for any purpose that is unlawful or prohibited by this Agreement.
Creating an account: You may register on the website by creating an account. In order to register, you must provide your name (not an assumed name), valid address, valid email address and valid phone number. You are responsible for providing Lloyd Associates Incorporated dba Lloyd Gems with updated contact information. We will rely on the most recent information provided by you in order to contact you.
Securing your account: It is your sole responsibility to maintain the security of your account and password. Your password is for your personal use only and may not be used by any third party, even with your permission. You are also responsible for any and all actions taken under your password on our websites. You agree to be financially responsible for all of your use on these websites.
Mobile Site and Applications (“Apps”): You may also access the websites from your mobile phone or other electronic devices or Mobile Apps (the “Mobile Services”), including the ability to research products and place orders. We do not charge for this access, but your mobile carrier’s normal data, Internet, text messaging (SMS), and other service fees and charges apply to your use of, and access to, the Mobile Services.
Your Expenses: You are responsible for all charges and fees from your mobile carrier. Do not use the Mobile Services while driving. The Mobile Services may not be compatible with all mobile devices and carriers. If you have installed the Mobile App on your mobile device, you may receive “push” messages from us even when the Mobile App is not active, unless you “opt out” of receiving such messages.
Communication Means: You agree that Lloyd Associates Inc. dba Lloyd Gems may communicate with you by SMS, MMS, or other electronic means and that certain information about your usage of the Mobile Services may be communicated to us.
Location Tracking: Data about your location may be transmitted to Lloyd Associates, Inc. dba Lloyd Gems in order to provide you with certain information, however, we do not guarantee that the Mobile Services will be available at all times or in all areas.
Data Transmission: Unfortunately, no data transmission via a mobile device can be guaranteed to be 100% secure; accordingly, you acknowledge that your use of the Mobile Services, including the transmission of personal information, is at your own risk. All terms and conditions pertaining to these websites also apply to the Mobile Services.
Price and Ordering. All prices shown on the website are quoted in United States Dollars. In addition to the price for goods and services, Lloyd Gems will add charges for shipping and handling and also sales tax (where required by law) to all orders. Lloyd Gems reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the website without incurring any obligation to you. Descriptions of, or references to, products or services on the website do not imply endorsement of that product or service, or constitute a warranty, by Lloyd Gems.
The receipt by you of an order confirmation does not constitute Lloyd Gems's acceptance of an order. Prior to Lloyd Gems’s acceptance of an order, verification of information may be required. Lloyd Gems reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Lloyd Gems, for any reason. Lloyd Gems reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price for any reason, including, without limitation, due to supplier pricing information, typographical error, or any other error, Lloyd Gems shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Lloyd Gems shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Shipping: The risk of loss and title for all products purchased by you and shipped by Lloyd Gems pass to you upon Lloyd Gems’s delivery to the carrier for delivery by the carrier to your specified delivery address.
Notwithstanding the agreement that risk of loss for any package passes to you upon delivery to the carrier, to accommodate our customers, Lloyd Gems will assume responsibility for any damage or loss in transit or for non-delivery, provided that Lloyd Gems receives a written notice of claim within the earlier to occur of (i) forty-five (45) days from the order date, (ii) thirty (30) days from the shipment day, or (iii) twenty (20) days from the date when the shipment was delivered to your specified delivery address.
Lloyd Gems’s assumption of responsibility for damage or loss in transit or for non-delivery terminates if a written claim is not timely received by Lloyd Gems.
In any event, Lloyd Gems’s responsibility is limited to either replacement of the merchandise or at Lloyd Gems’s sole option, return of the purchase price and shipping charges. Once the package is delivered to your specified delivery address, Lloyd Gems’s assumption of responsibility for non-delivery terminates. Any package signed for at your specified delivery address or delivery at your specified delivery address is verified in writing by the carrier shall be conclusively deemed delivered to your specified delivery address.
Additional Terms and conditions: Our company policies on Shipping, Returns and Orders are contained in other sections of Lloyd Associates Incorporated and Lloyd Gems websites and will also govern your relationship with us. These policies are part of this Agreement and provide additional terms and conditions concerning your dealings with our company.
Periodic Review of Policies & Agreemet: Each of these policies may be changed from time to time. Also, new topics and/or programs may be added to our websites. Changes and/or additions take effect when Lloyd Associates, Inc. dba Lloyd Gems posts them on our websites. The above policies and rules are hereby incorporated into this Agreement. Also, any activities and transactions on another internet site linked to Lloyd-associates.com and lloydgems.com are subject to these terms and conditions and in addition any terms and conditions specified in the linked sites. In the event of inconsistencies between the terms and conditions of this site and the linked site, the terms and conditions of the linked site prevail.
Access and Interference: You agree that you will not: take any action that imposes or may impose (in Lloyd Gems’s sole discretion) an unreasonable or disproportionately large load on Lloyd Gems’s infrastructure; use any robot, spider, scraper or other automated means to access the website for any purpose without Lloyd Gems’s express written permission; interfere or attempt to interfere with the proper working of the website or any activities conducted on the website.
Website Content: The text, images, logos, graphics, photographs, descriptions, illustrations, data and other material on the websites, as well as the selection, assembly and management thereof are herein collectively referred to as the "Content" and we reserve the right to discontinue, correct, delete, update, or change any Content, product specifications and prices at anytime without notice to you.
Unless otherwise agreed in writing, the “Content” is the exclusive property of Lloyd Associates, Inc. dba Lloyd Gems and is protected under the copyrights, trademarks, service marks, and other proprietary rights that are owned by us or by third parties that have licensed their use to Lloyd Associates, Inc. dba Lloyd Gems.
Unless we agree otherwise in writing, your use of the Content is limited to your own personal, non-commercial use in connection with shopping and ordering on the website and for no other purpose.
Any use, by you or anyone else authorized by you, other than that specifically authorized in this Agreement or in writing by our company is strictly prohibited.
Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the website without the written permission of Lloyd Associates, Inc. dba Lloyd Gems or any third party that may own the trademarks or service marks displayed on the website.
We will aggressively enforce its intellectual property rights to the fullest extent of the law. The Content may contain errors, inaccuracies, omission and typographical errors or may be out of date. You acknowledge that Lloyd Associates, Inc. dba Lloyd Gems provides the Content for informational purposes only and that any errors, inaccuracies, or omissions in the Content are not binding on our company unless specifically indicated to be so.
Changes and Amendments: LLOYD ASSOCIATES, INC. dba LLOYD GEMS RESERVES THE RIGHT TO CHANGE AND AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU. SUCH CHANGES AND AMENDMENTS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING OF SAME TO OUR WEBSITES. YOU ARE RESPONSIBLE FOR REVIEWING OUR WEBSITES PERIODICALLY FOR ANY MODIFICATION TO THIS AGREEMENT THAT MAY AFFECT YOUR RIGHTS OR OBLIGATIONS HEREUNDER. YOUR CONTINUED ACCESS AND USE OF THE WEBSITE AND/OR PLACING ORDERS AFTER THE POSTING OF CHANGES AND AMENDMENTS SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF ANY REVISIONS OR ADDITIONS.
Termination of Agreement: We shall have the right to terminate this Agreement with you at any time and without notice to you. In the event of the termination of this Agreement, you agree that you are no longer authorized to access or use the website and that you will immediately cease your use of the website. The restrictions imposed on you with respect to the Content as defined above in Website Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these terms and conditions shall survive termination.
Website Termination: Lloyd Associates, Inc. dba Lloyd Gems shall be under no obligation to continue operation of our websites. We may terminate operation of the website or any portion thereof, or any products or services offered through the websites or terminate any individual's right to access or use the website at any time without notice to you, in its sole discretion, without any liability to you whatsoever.
Indemnity:You agree to defend, indemnify and hold harmless Lloyd Associates, Inc. dba Lloyd Gems, its affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable attorney's fees, arising out of or relating to your breach of this Agreement or your access to or use of the website; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from Lloyd Associates Incorporated dba Lloyd Gems’s gross negligence or willful misconduct. The foregoing indemnification obligation shall survive termination of this Agreement and the website and any product or service provided to you arising out of or relating to your use of the website.
Breach of this Agreement: In the event that you breach any part of this Agreement, Lloyd Associates, Inc. dba Lloyd Gems may immediately issue a warning to you, temporarily suspend or terminate your membership and refuse to provide services to you, in addition to all other rights or remedies available at law or equity.
Links to Other Third Party Sites: Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement or approval by Lloyd Associates, Inc. dba Lloyd Gems of the content, policies or practices of such linked sites. Linked sites are not operated, controlled, or maintained by us, and we are not responsible for the availability, content, security, policies, terms and conditions, or practices of linked sites, including without limitation the accuracy of content on linked sites and the privacy policies and practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
Gemstone Treatment: We attempt to verify and to inform our customers when applicable about any material treatment of gem stones that we sell. However, it is possible that some forms of material treatment may occur without our knowledge. The treatment information if applicable that we provide is based on the best knowledge and information available to us at the time.
Disclaimer and Limitation of Liability as to the Website and Content: LLOYD ASSOCIATES, INC. dba LLOYD GEMS MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THESE WEBSITES, THE CONTENT, OR ANY LINKED WEBSITEs, INCLUDING THE AVAILABILITY OF ANY WEBSITE OR THE CONTENT INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. WE ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THIS WEBSITE OR ANY LINKED WEBSITES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING THE WEBSITE AND ALL CONTENT PROVIDED ON THE WEBSITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL LLOYD ASSOCIATES, INC. dba LLOYD GEMS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY LINKED WEBSITE OR ITS CONTENTS, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF LLOYD ASSOCIATES, INC. dba LLOYD GEMS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LLOYD ASSOCIATES, INC. dba LLOYD GEMS, OR LLOYD GEMS’S LIABILITY EXCEED ONE HUNDRED DOLLARS AND NO CENTS ($100.00)
Disclaimer and Limitation of Liability as to Products and Services. LLOYD ASSOCIATES, INC. dba LLOYD GEMS WANTS YOU TO BE COMPLETELY SATISFIED WITH YOUR PURCHASES THROUGH THE WEBSITES. EXCEPT FOR NON-RETURNABLE ITEMS (ITEMS THAT HAVE BEEN SIZED, ALTERED BY A THIRD PARTY, SOLD AS CUSTOM MADE, OR FINAL SALE, CLEARANCE, OR OTHERWISE NON-RETURNABLE IN ACCORDANCE WITH LLOYD ASSOCIATES, INC DBA LLOYD GEMS’S PUBLISHED POLICIES), IF FOR ANY REASON YOU ARE NOT ENTIRELY PLEASED WITH A PRODUCT YOU PURCHASED FROM LLOYD GEMS SIMPLY RETURN IT AS SPECIFIED IN LLOYD GEMS’S RETURN POLICY WITHIN THIRTY (30) DAYS OF RECEIPT FOR EXCHANGE OR FULL REFUND OF THE PURCHASE PRICE.
AFTER EXPIRATION OF THE 30-DAY RETURN PERIOD, LLOYD GEMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED AND LLOYD GEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY COVER THE PRODUCTS SOLD ON THE WEBSITE MAY BE PROVIDED BY THE APPLICABLE MANUFACTURERS. ACCORDINGLY, EXCEPT AS SPECIFIED ABOVE, LLOYD GEMS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD.
UNDER NO CIRCUMSTANCES SHALL LLOYD GEMS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS AND BUSINESS INTERRUPTION WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE, EVEN IF LLOYD GEMS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LLOYD GEMS'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Entire Agreement: Unless otherwise stated by Lloyd Associates, Incorporated dba Lloyd Gems in writing, this Agreement constitutes the entire agreement between Lloyd Associates, Incorporated dba Lloyd Gems and the user with respect to the subject hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
Applicable Law: This Agreement and the rights and obligations of the parties arising out of or relating in any manner to any product(s) purchased or services provided from Lloyd Associates, Incorporated dba Lloyd Gems websites, orders placed for such product(s), return of such product(s), use of such product(s) and/or use of the websites shall be governed and construed according to the laws of the State of New York, without regard to its conflicts or choice of law provisions.
Disputes. You agree to hold only Lloyd Associates, Incorporated liable for any controversy or claim arising out of or relating in any manner to any product(s) purchased from Lloyd Gems website, orders placed for such product(s), return of such product(s), use of such product(s) and/or use of the website (“Claim”) shall be settled by individual binding arbitration administered by the American Arbitration Association (AAA) using the AAA's Commercial Dispute Resolution Procedures. Claims may be made only against Lloyd Associates, Incorporated. No claims can be made against Lloyd Gems. Any such arbitration shall be conducted only in Queens, New York where Lloyd Associates, Incorporated dba Lloyd Gems is located.
Any decision or award as a result of any such arbitration proceeding shall be in writing and final and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. An award of arbitration may be confirmed in a court of competent jurisdiction in Queens, New York. Such arbitration shall be specific to you, and as such, you agree that you shall not bring and expressly waive your right to be a lead plaintiff or participant in, any action against Lloyd Associates, Incorporated as part of a class filed either in arbitration or in any court.
All parties retain the right to seek adjudication in a small claims tribunal in the county of your residence for disputes in amounts that are within the scope of such tribunal’s jurisdiction. You waive any right to consolidate or otherwise combine your Claim with any Claim(s) filed by other persons with such small claims tribunal.
Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration as described in and in accordance with, the terms of this Agreement; provided however, that if applicable law limits Lloyd Associates, Incorporated access to a small claims tribunal (including without limitation, by prohibiting corporations from filing small claims actions or by limiting the number of small claims that Lloyd Associates, Incorporated can file), Lloyd Associates, Incorporated retains the right to seek adjudication of its Claims in a court of competent jurisdiction in the county of your residence. In the event the foregoing is held to be unenforceable by any court, you and Lloyd Gems agree to submit to the exclusive jurisdiction of the courts located in Queens, New York to resolve any Claim. Any Claim that you have with Lloyd Gems must made against Lloyd Associates, Incorporated and be commenced within one year after the Claim or cause of action arises or such Claim or cause of action shall be barred.
General: No waiver by Lloyd Associates, Incorporated dba Lloyd Gems of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms herein and shall not affect the validity and enforceability other provisions of the Agreement. The headings and captions in this Agreement are intended for convenience only and shall in no way affect the interpretation of the Agreement.
Beyond our Control: Lloyd Associated, Incorporated dba Lloyd Gems shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Electronic Signature: You also agree that to the extent required by law, that by purchasing any item from LLOYD GEMS, through placing an order on our website or via telephone or by any other means, providing your debit/credit card number, providing other identifying information, and/or any other actions taken by you to complete an order, that you have now provided your electronic signature agreeing to LLOYD GEMS Terms and Conditions and otherwise agree to LLOYD GEMS Terms and Conditions.
DMCA Notification Agent: In accordance with the Digital Millennium Copyright Act (DMCA), Lloyd Gems has designated an agent to receive notification of alleged copyright infringement occurring on these websites.
DMCA Notification Agent
Attn: Lloyd Gems
Contents of Notice
The DMCA requires that all notices of alleged copyright infringement be in writing. For Lloyd Gems to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Lloyd Gems of an alleged copyright infringement, you should include the following information:
Disclaimer: Some customers may ask us from time to time to find gemstones or minerals based on what they have heard of the Medicinal, Metaphysical and Healing Powers and Properties that they believe are associated to those particular gemstones.
Although we try to meet our customers’ needs and provide the gemstones or minerals requested, we cannot confirm whether there are medicinal, mystical or healing powers associated with gemstones.
We do not render, nor do we have an opinion in any way whatsoever of any alternative uses for gemstones other than in a decorative way. We share our knowledge and expertise with you based only on the composition, identity and value of gemstones in the form of jewelry, minerals and carvings.
We strongly encourage you to seek the advice of your doctor or licensed medical practitioner if you have any medical conditions.
Lloyd Gems does not guarantee or advise on any claims or statements regarding medicinal, healing or astrological birthstone powers of gemstones and minerals and cannot and will not be held liable under any circumstances.
If you have a question, please contact us at firstname.lastname@example.org or 718-847-1193 or 800-325-5693.
LAST REVISED: October 25th, 2017
©2000-2017 Lloyd Associates Inc. dba Lloyd Gems