Effective Date: Oct 12, 2026 ·
Last Updated: Oct 12, 2026
PLEASE READ THESE TERMS CAREFULLY. SECTION 23 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 23.8.
These Terms of Service ("Terms") are a binding agreement between you and 999Jewels LLC, a Wyoming limited liability company with its registered address at 1309 Coffeen Ave, Sheridan, WY 82801, USA ("999Jewels," "we," "us," or "our").
These Terms govern your access to and use of the Platform (defined below). By checking the box to accept these Terms, creating an account, paying for a membership or Service, attending an Event, joining a Community Channel, or otherwise using the Platform, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Platform.
If you use the Platform on behalf of a business, you represent that you are authorized to bind that business to these Terms, and "you" refers to both you and that business.
Specific Services, Events, or offers may be subject to additional terms, such as an invoice, proposal, statement of work, order form, or event page ("Additional Terms"). If Additional Terms conflict with these Terms, the Additional Terms control for that Service, Event, or offer only.
3.1 Business use only. The Platform is for business use. You must be at least 18 years old and act on behalf of a business. You may not use the Platform for personal, family, or household purposes.
3.2 Eligible businesses. Club membership is limited to businesses in the jewelry trade and related industries, such as jewelers, jewelry retailers and wholesalers, manufacturers, diamond and gemstone dealers, precious-metal dealers, pawnbrokers, and second-hand dealers. You represent that your business is duly registered and holds every license, permit, and registration required by law where it operates. We may, but are not required to, ask for business registration or other documents at any time. If we do, you must provide accurate, current copies and notify us if they expire, change, or are revoked.
3.3 Accurate information. You must provide accurate, current, and complete information and keep it updated. Providing false or misleading information, including forged or altered documents, is grounds for immediate termination and may be reported to authorities.
3.4 Account security. You are responsible for all activity under your account and for keeping your login credentials confidential. Do not share your account or allow others to access the Club through it, except your authorized employees acting for the same business. Notify us immediately at of any unauthorized use.
3.5 Restricted persons. You may not use the Platform if you are located in, or are a national or resident of, a country or region subject to comprehensive U.S. sanctions, or if you appear on any U.S. government list of prohibited or restricted parties.
4.1 Applications and approval. Membership is by application or invitation. We may approve, decline, or defer any application in our sole discretion and are not required to give a reason. Our review is described in our Privacy Policy; we do not request documents or perform independent verification in every case, and may approve an application based only on the information provided. Approval of an application is not a representation, warranty, or guarantee that any Member is registered, licensed, solvent, honest, or trustworthy.
4.2 Plans, periods, and trials. We may offer memberships on different plans, billing periods (such as monthly, quarterly, or annual), and prices, and may offer one-time memberships, promotional pricing, discounts, or free or reduced-price trials. The plan, period, price, and any trial terms that apply to you are those shown at checkout. We may change, add, or discontinue plans and offers at any time; changes do not affect a period you have already paid for. Unless stated otherwise at checkout, a trial converts automatically into a paid membership at the end of the trial unless you cancel before it ends.
4.3 Payment. Membership fees are processed on club.999jewels.com by our payment processor, Stripe, and are subject to Stripe's terms. You authorize us and Stripe to charge your payment method for all fees and applicable taxes when due. Fees are stated in U.S. dollars and are exclusive of taxes unless stated otherwise. You are responsible for all taxes, other than taxes on our net income.
4.4 Automatic renewal. Unless you choose a one-time membership, your membership renews automatically at the end of each billing period for the same period, and your payment method is charged the then-current price, until you cancel. Where required by law, we will send you a reminder before renewal.
4.5 How to cancel. You may cancel at any time by selecting "Manage Subscription" in your account on club.999jewels.com, which opens the Stripe customer portal, and following the cancellation steps there. You may also email with the subject line "Cancel Membership." Cancellation takes effect at the end of the current paid period; you keep access until then.
4.6 Price changes. We may change membership prices. A price change applies starting with your next billing period after the change. We will notify you of the new price before it takes effect, by email or through the Platform. If you do not cancel before the renewal date, you agree to pay the new price.
4.7 No refunds. All fees are non-refundable, and we do not provide refunds or credits for partial periods, unused time, or unused features, except where required by applicable law or as stated in Section 4.9.
4.8 Failed payments. If a payment fails, we may retry the charge, suspend your access to the Club, or terminate your membership. You remain responsible for unpaid amounts. Initiating a chargeback for fees you owe is a breach of these Terms, and we may terminate your membership and recover the amount and any associated costs.
4.9 Suspension and termination by us. We may suspend, restrict, or terminate your membership or access to any part of the Platform at any time, in our sole discretion, with or without notice or reason. If we terminate because you breached these Terms, violated the law, or engaged in conduct we reasonably believe is fraudulent, harmful, or abusive, you are not entitled to any refund. If we terminate your membership for no such reason, we will refund the unused portion of any prepaid membership fee on a pro rata basis, as your sole remedy.
4.10 Effect of expiry. When your membership ends, your access to the Club ends, your listings may be removed, and we may retain your information as described in our Privacy Policy.
5.1 We are not a party to Member transactions. The Club and Community Channels are venues where Members list jewelry, diamonds, gemstones, precious metals, and other items and communicate, negotiate, buy, sell, and trade directly with each other. Any transaction is solely between the Members involved. We are not a buyer, seller, broker, agent, auctioneer, dealer, pawnbroker, escrow agent, guarantor, insurer, appraiser, gemologist, assayer, shipper, or payment processor for Member transactions.
5.2 No payments, shipping, or delivery. We do not handle, hold, or process payments between Members, and we do not arrange, perform, or insure shipping, delivery, pickup, or inspection. Members are solely responsible for agreeing on and completing payment, shipping, delivery, insurance, returns, and all other terms of their transactions.
5.3 No verification of items, listings, or Members. We do not inspect, appraise, grade, test, assay, or authenticate any jewelry, stone, metal, or other item, and we do not verify any listing, price, description, photo, metal purity or karat stamp, stone identity, origin, treatment, or grade, grading report or certificate, brand or designer attribution, title, or condition, or the identity, registration, licensing, authority, or reputation of any Member, Vendor, or other user, beyond any application review we choose to perform. We do not guarantee the authenticity, natural or laboratory-grown origin, treatment status, quality, legality, or provenance of any item, the truth or accuracy of any listing or certificate, or that any Member will complete a transaction or pay.
5.4 Your due diligence. You are solely responsible for evaluating every counterparty and transaction, including verifying identity, title, authenticity, metal content, stone identity, origin, and treatment, the validity of any grading report, and payment, checking items against stolen-property databases, and complying with all laws that apply to you, including the U.S. Federal Trade Commission's Guides for the Jewelry, Precious Metals, and Pewter Industries, the National Gold and Silver Stamping Act, second-hand, pawn, and precious-metal dealer laws, hold and reporting requirements, anti-money-laundering and know-your-customer rules (including those that apply to dealers in precious metals, stones, and jewels), the Kimberley Process, sales-tax, customs, import and export, and consumer-protection laws.
5.5 Disputes between Members. You must resolve any dispute with another Member, Vendor, or third party directly with them. We may, but are not obliged to, review a dispute, communicate with the parties, or take action under these Terms. Any action or inaction by us does not make us responsible for the outcome.
5.6 Fraud and losses. Fraud, scams, misrepresentation, counterfeit or stolen goods, non-payment, and non-delivery can occur on any marketplace. We are not responsible or liable for any loss, damage, or harm arising from any Member transaction, communication, or interaction, or from the acts or omissions of any Member, Vendor, or other user. Please report suspected fraud to and, where appropriate, to law enforcement.
6.1 Listing requirements. By listing an item, you represent and warrant that: (a) you own the item or are authorized to sell it; (b) the item is not stolen, counterfeit, or subject to any lien, hold, or legal restriction that would prevent sale; (c) your description, photos, metal type and purity, weight, stone details, brand or designer attribution, condition, and price are accurate and not misleading; (d) you have clearly disclosed whether any diamond or gemstone is natural, laboratory-grown, or simulated, any known treatment or enhancement (such as heating, fracture filling, laser drilling, irradiation, coating, or clarity enhancement), and whether any item is plated, filled, or vermeil rather than solid metal; (e) any grading report or certificate you reference is genuine and matches the item; (f) you have disclosed any replaced, repaired, resized, or non-original parts and any known defects; (g) you are permitted by law to sell it; and (h) the sale complies with all applicable laws.
6.2 Prohibited items. You may not list, offer, sell, buy, trade, or solicit any of the following:
6.3 Removal. We may remove, edit, or refuse any listing or Content at any time, for any reason, without notice or liability.
You agree not to:
8.1 Confidential Information. "Confidential Information" means all non-public information you obtain through the Club, the Community Channels, Events, Leads, or Services, including Member identities and contact details, listings, prices, offers, messages, Lead information, Vendor and partner terms, training materials, and our business methods. You must keep Confidential Information confidential, use it only to participate in the Club or receive the Services, and not disclose, copy, publish, screenshot for distribution, or share it outside the Club, except as required by law.
8.2 Non-circumvention. During your membership and for 12 months after it ends, you may not, directly or indirectly, use Confidential Information or any relationship introduced through the Platform to bypass us, including by (a) soliciting Vendors, legal professionals, or other partners introduced through the Platform to deal with you on terms that avoid our fees or arrangements; (b) reselling, sharing, or brokering Leads or Member information; or (c) recruiting Members into a competing club, group, or marketplace using information obtained through the Platform.
8.3 Remedies. A breach of this Section may cause us irreparable harm. We may seek injunctive relief, in addition to any other remedy, without posting a bond, and may terminate your membership immediately.
The Club may allow Members to post reviews or ratings of each other. Reviews must be honest, based on genuine first-hand experience, and comply with Section 7. You may not offer or accept compensation for reviews, post reviews of your own business or of competitors, or threaten negative reviews to gain an advantage. Reviews reflect only the opinions of their authors. We do not verify reviews and are not responsible for them, but we may remove any review in our sole discretion.
Our Community Channels are subject to these Terms, any posted channel rules, and the terms of the platform that hosts them. We may admit, mute, or remove any participant and delete any message at our discretion. Content in Community Channels is visible to other participants, and we are not responsible for what other participants post or do with information you share. Sections 5, 6, 7, and 8 apply to activity in Community Channels in the same way as in the Club.
11.1 What a Lead is. A Lead is an indication that a person or business may be interested in a transaction, together with the information they provided, such as name, phone number, email address, ZIP code, item description, and photos. Leads may be generated through advertising and other sources. Leads may be offered on an exclusive or non-exclusive basis, as stated at the time of sale; unless expressly stated as exclusive, a Lead may be provided to more than one Member.
11.2 No guarantee. Leads are provided "as is." We do not guarantee that any Lead is accurate, complete, current, or reachable, that the person still has the item or intent described, that the item is genuine, as described, or lawfully owned, or that any Lead will result in contact, a transaction, or a profit.
11.3 All sales final. Lead purchases are final. We do not provide refunds, credits, or replacements for any Lead for any reason, including incorrect or unreachable contact details, lack of response, duplicates, or lack of interest, except where required by law.
11.4 Your obligations. When you receive a Lead, you agree to: use it only to respond to that person's or business's stated inquiry for your own business; not resell, share, transfer, sublicense, or broker it to anyone else; comply with all laws on contacting people, including the Telephone Consumer Protection Act, the CAN-SPAM Act, the Telemarketing Sales Rule, national and state Do-Not-Call rules, and state calling-hour, text-message, and call-recording laws; stop contacting anyone who asks you to stop, and honor their opt-out promptly; protect the information with reasonable security and delete it when no longer needed for that purpose; and comply with all privacy laws that apply to you as an independent recipient of the information.
11.5 Your responsibility. You are solely responsible for how you contact and deal with each Lead, and you will indemnify us under Section 20 for any claim arising from your use of a Lead.
12.1 Scope. The scope, deliverables, timelines, and price of each Service are set out in the applicable invoice, proposal, statement of work, or order form. Anything not stated there is out of scope and may be charged separately.
12.2 Invoices and payment. Services are billed by invoice or through the Platform. We may require full or partial prepayment before starting work. Unless an invoice states otherwise, invoices are due upon receipt and no later than 15 days after the invoice date. Recurring Services are billed in advance for each period. Overdue amounts accrue a late charge of 1.5% per month or the maximum rate permitted by law, whichever is lower. We may suspend or stop any Service while an amount is overdue, and you will reimburse our reasonable costs of collection, including attorneys' fees.
12.3 No refunds. Fees for Services are non-refundable once work has begun, including for setup, strategy, design, production, content already created, and time already spent, except where required by law or expressly stated in the applicable invoice or order.
12.4 Third-party costs. Advertising spend, platform fees, software subscriptions, domains, hosting, stock media, and other third-party costs are your responsibility unless the invoice states they are included. Third parties may change their prices or terms at any time.
12.5 Your responsibilities. You are responsible for: (a) providing timely access, approvals, information, and materials; (b) owning or having the rights to all materials, trademarks, images, and data you provide, including any jewelry brand names, designer names, and imagery you ask us to use; (c) the accuracy and legality of your offers, prices, claims (including claims about metal content, stones, and origin), and advertising content you approve; (d) your accounts on third-party platforms, including their security, billing, and compliance with those platforms' policies; and (e) your own compliance with laws that apply to your business. Delays caused by you may extend timelines and incur additional fees.
12.6 No guaranteed results. We do not guarantee any specific result from any Service, including rankings, traffic, impressions, followers, engagement, leads, calls, sales, revenue, media coverage, or return on ad spend. Results depend on factors outside our control, including third-party platforms, algorithms, markets, and your own actions.
12.7 Third-party platforms. We are not responsible for the acts or decisions of Google, Meta, TikTok, LinkedIn, website hosts, or other platforms, including account suspensions, ad rejections (including rejections relating to luxury-brand trademarks), policy changes, outages, data loss, or changes to their features or pricing.
12.8 Ownership of deliverables. Upon our receipt of full payment for a Service, we assign to you our rights in the final deliverables created specifically for you (such as a website, videos, written content, or ad creatives). Until full payment, we retain all rights, and you may not use the deliverables. We retain all rights in our pre-existing materials, templates, tools, code libraries, know-how, and general skills, and grant you a non-exclusive, perpetual license to use any of them that are incorporated into your deliverables, solely as part of those deliverables. Third-party materials (such as stock media, fonts, plugins, or AI-generated components) are subject to their own license terms.
12.9 Portfolio. Unless you tell us otherwise in writing, we may display your name, logo, and the deliverables in our portfolio, case studies, and marketing.
12.10 24/7 Phone & Message Assistant. If we answer calls or messages on your behalf, using staff, automated systems, or artificial intelligence, you acknowledge that responses may be inaccurate or incomplete and that you remain responsible for your business's commitments to your customers. You are solely responsible for providing any notices and obtaining any consents required by law for call answering, call recording, transcription, and AI interactions with your customers. We process your customers' information on your behalf as described in our Privacy Policy.
12.11 Training & Learning. Training materials, sessions, and recordings are licensed to you for your own internal business use only. You may not record, copy, share, resell, publish, or distribute them without our written permission. Training is educational and does not constitute legal, financial, tax, appraisal, gemological, or professional advice.
12.12 Legal Support referrals. We are not a law firm and do not provide legal advice. Our Legal Support Service consists only of introducing you to independent lawyers or law firms. No attorney-client relationship is created between you and us. Any engagement is solely between you and the legal professional, who is responsible for their own services, fees, and conduct. We do not endorse or guarantee any legal professional, and we may receive compensation for introductions where permitted by law.
12.13 Independent contractor. We provide the Services as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship.
13.1 For Members and users. Vendors are independent businesses. A Vendor listing, introduction, or promotion is not an endorsement, recommendation, or guarantee. Any agreement with a Vendor is solely between you and the Vendor, and we are not responsible for any Vendor's products, services, pricing, conduct, or failure to perform.
13.2 For Vendors. If you are a Vendor: (a) listing is subject to our approval and may be removed at any time; (b) fees, if any, are as stated in your invoice or on the Platform, are payable as stated there, and are non-refundable unless stated otherwise; (c) we may change listing terms, placements, and fees at any time, with changes applying from the next billing period; (d) you must provide accurate information, hold all required licenses, and comply with all laws; and (e) you are solely responsible for your products and services and will indemnify us under Section 20 for any claim arising from them.
14.1 Our Events. Event details, dates, speakers, venues, and agendas may change. We may postpone, relocate, convert to online, or cancel any Event. Tickets and registration fees are non-refundable and non-transferable unless the Event page states otherwise. If we cancel an Event, we will, at our choice, refund the ticket price or issue a credit toward a future Event, as your sole remedy. We are not responsible for travel, accommodation, or other costs you incur.
14.2 Conduct and admission. You must follow venue rules and our instructions. We may refuse admission to or remove anyone, without refund, for conduct we consider disruptive, unsafe, or in breach of these Terms.
14.3 Recording. By attending an Event, you consent to being photographed, filmed, and recorded, and to our use of those recordings, including your name, image, likeness, and voice, to operate and promote the Platform, in any media worldwide, without compensation, except where the law requires separate consent.
14.4 Assumption of risk. To the fullest extent permitted by law, you attend in-person Events at your own risk and are responsible for your own belongings, health, and safety, and for any jewelry, stones, metals, or other property you bring, display, or trade.
14.5 Third-Party Events. We do not organize, control, endorse, or guarantee Third-Party Events. Their organizers are solely responsible for them, including tickets, refunds, changes, cancellations, safety, and their handling of your information. Any purchase or registration for a Third-Party Event is solely between you and the organizer, and we are not liable for any loss, injury, or damage arising from any Third-Party Event.
15.1 Your responsibility. You are solely responsible for your User Content. You represent and warrant that you own or have all rights needed to submit it and grant the license below, and that it is accurate, lawful, and does not infringe or violate anyone's rights, including privacy and publicity rights.
15.2 License to us. You keep ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, adapt, display, publish, distribute, and otherwise use your User Content to operate, provide, improve, and promote the Platform, including on our websites, social media, advertising, and other marketing, in any media now known or later developed. This license continues for User Content already shared with others or incorporated into published materials, even after your account ends.
15.3 No obligation to monitor. We are not obliged to monitor or review User Content but may do so, and may remove or refuse any User Content at any time, for any reason.
15.4 Copyright and trademark complaints. If you believe Content on the Platform infringes your copyright or trademark, send a notice to with the subject line "IP Notice," including: your contact details; a description of the work or mark; the location of the allegedly infringing material; a statement that you have a good-faith belief that the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. We may remove the material and terminate repeat infringers.
16.1 Our property. The Platform and all Content we provide, including text, graphics, logos, the names 999Jewels and 999Precious, designs, software, training materials, and the selection and arrangement of Content, are owned by us or our licensors and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for its intended business purpose. You may not copy, modify, distribute, sell, or create derivative works of the Platform or our Content, or use our names or logos, without our prior written consent. All rights not expressly granted are reserved.
16.2 Jewelry brands and designers. Jewelry brand names, designer names, collection names, logos, and trademarks that appear on the Platform belong to their respective owners. 999Jewels is not affiliated with, sponsored by, authorized by, or endorsed by any jewelry brand, designer, or manufacturer, and is not an authorized retailer of any brand unless expressly stated. Brand and designer names are used only to identify the items being listed or discussed.
16.3 Feedback. If you send us ideas, suggestions, or feedback, we may use them for any purpose without obligation or compensation to you.
The Platform relies on and links to third-party services, including Stripe, WhatsApp, Telegram, Facebook, LinkedIn, Google, and others. Your use of them is governed by their own terms and policies. We do not control and are not responsible for third-party services, websites, or content, including their availability, accuracy, security, or practices.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM, THE CLUB, THE COMMUNITY CHANNELS, LEADS, SERVICES, EVENTS, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) ANY MEMBER, VENDOR, LEGAL PROFESSIONAL, EVENT ORGANIZER, OR OTHER USER IS WHO THEY CLAIM TO BE, IS REGISTERED OR LICENSED, OR WILL PERFORM; (B) ANY JEWELRY, STONE, METAL, ITEM, LISTING, GRADING REPORT, CERTIFICATE, LEAD, OR CONTENT IS AUTHENTIC, NATURAL, UNTREATED, OF THE STATED PURITY OR GRADE, ACCURATE, LAWFUL, OR SAFE; (C) THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES; (D) ANY SERVICE WILL ACHIEVE ANY RESULT; OR (E) ANY DATA WILL BE PRESERVED. INFORMATION ON THE PLATFORM, INCLUDING PRICES, METAL AND STONE MARKET COMMENTARY, AND TRAINING, IS FOR GENERAL INFORMATION ONLY AND IS NOT LEGAL, FINANCIAL, TAX, INVESTMENT, APPRAISAL, OR GEMOLOGICAL ADVICE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
19.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL 999JEWELS LLC, ITS AFFILIATES, OR ITS OR THEIR OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS (THE "999JEWELS PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR INVENTORY, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.2 THE 999JEWELS PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM: (A) ANY TRANSACTION, COMMUNICATION, OR DISPUTE BETWEEN YOU AND ANY MEMBER, VENDOR, LEGAL PROFESSIONAL, LEAD, EVENT ORGANIZER, OR OTHER THIRD PARTY; (B) FRAUD, SCAMS, COUNTERFEIT, MISREPRESENTED, OR STOLEN GOODS, NON-PAYMENT, OR NON-DELIVERY; (C) THE CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY; (D) THIRD-PARTY PLATFORMS AND SERVICES; OR (E) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA.
19.3 TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE 999JEWELS PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
19.4 These limitations apply even if a remedy fails of its essential purpose, and they form an essential basis of the bargain between you and us. They do not limit liability that cannot be limited under applicable law.
You will defend, indemnify, and hold harmless the 999Jewels Parties from and against any claims, demands, losses, liabilities, damages, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Platform; (b) your User Content and listings, including any claim that an item you listed or sold is counterfeit, stolen, misdescribed, or misrepresented as to metal content, stone identity, origin, treatment, or grade; (c) any transaction or dispute between you and any Member, Vendor, Lead, legal professional, event organizer, or other third party; (d) your use of any Lead or Member information; (e) your products, services, or business, including the deliverables we create based on your instructions or materials; (f) your breach of these Terms; or (g) your violation of any law or the rights of any third party, including trademark rights. We may assume the exclusive defense of any matter at your expense, and you will cooperate with us. You may not settle any matter without our prior written consent.
To the fullest extent permitted by law, you release the 999Jewels Parties from all claims, demands, and damages of every kind, known and unknown, arising out of or in any way connected with any dispute between you and any Member, Vendor, Lead, legal professional, event organizer, or other user or third party.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law of any other jurisdiction.
You may stop using the Platform at any time and cancel your membership under Section 4.5. We may suspend or terminate your access under Section 4.9. On termination, your right to use the Platform ends immediately, and any amounts you owe become due. Sections 4.7, 4.8, 5, 6.1, 8, 11.3 through 11.5, 12.2 through 12.4, 12.6 through 12.8, 12.12, 13, 14.3 through 14.5, and 15 through 27, and any other provision that by its nature should survive, survive termination.
23.1 Informal resolution first. Before starting arbitration or a court action, the party raising a dispute must send a written notice describing it and the relief sought, to us at or to you at the email address on your account. The parties will try in good faith to resolve the dispute for 30 days after the notice is received.
23.2 Agreement to arbitrate. Except as stated in Section 23.5, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or our relationship, including the validity, scope, or enforceability of this arbitration agreement, will be resolved exclusively by final and binding arbitration, and not in court. This arbitration agreement is governed by the Federal Arbitration Act.
23.3 Rules and procedure. Arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, before a single arbitrator. Unless the parties agree otherwise, the arbitration will be conducted in English, by videoconference or written submissions where permitted, and any in-person hearing will be held in Sheridan County, Wyoming. Each party will bear its own attorneys' fees and costs, and AAA fees will be allocated under the AAA rules, unless the arbitrator decides otherwise under applicable law. Judgment on the award may be entered in any court with jurisdiction.
23.4 Class action waiver. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding. If this Section 23.4 is found unenforceable as to a particular claim, that claim must be heard in court under Section 23.7, and not in arbitration.
23.5 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies; and (b) seek injunctive or other equitable relief in court to protect its intellectual property, Confidential Information, or the security of the Platform, or to stop a breach of Section 8.
23.6 Mass filings. If 25 or more similar demands for arbitration are filed by or with the help of the same law firm or organization, the AAA will administer them in batches of up to 25 demands, one batch at a time, and the parties will cooperate to resolve them efficiently.
23.7 Jury trial waiver. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL. Any such action must be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, and you and we consent to the personal jurisdiction of those courts.
23.8 Your right to opt out. You may opt out of this arbitration agreement by emailing , with the subject line "Arbitration Opt-Out," within 30 days after you first accept these Terms, stating your name, business name, and account email address and that you opt out of arbitration. Opting out does not affect any other part of these Terms, including Sections 23.4 and 23.7.
23.9 Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, to the extent permitted by law.
These Terms and any dispute between you and us are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 23. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
We may change these Terms at any time. We will post the updated Terms on the Platform and change the "Last Updated" date. For material changes, we will also notify Members by email or through the Platform. Changes take effect when posted, or on the date stated in the notice, and apply to future use of the Platform. Your continued use of the Platform after changes take effect means you accept them. If you do not agree, you must stop using the Platform and cancel your membership. Changes to Section 23 will not apply to disputes of which we had actual notice before the change.
999Jewels LLC, 1309 Coffeen Ave, Sheridan, WY 82801, USA
Email: help@999jewels.com