Terms & Conditions

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1. Agreement to Terms

By using our Services, you agree to be bound by these Terms.  If you don’t agree to be bound by these Terms, do not use the Services.

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    2. Privacy Policy
Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use, and share your information.

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    3. Changes to these Terms or the Services
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. The only exception is for changes to the “Dispute Resolution” section, for which you have followed the process in Section 18(g). Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

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   4. Supplementary Terms

Certain services, promotions, software or content that we offer may be subject to additional terms and conditions or other agreements (“Supplementary Terms”) specified by us from time to time. In the event of a conflict between the Supplementary Terms and any provision in these Terms, the Supplementary Terms will prevail.

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   5. Users

By using the Services, you attest that you are 18 years or older, capable of forming a binding contract with UP, not otherwise barred from using the Services under applicable law, are located in the United States, and the laws of the United States govern.  You further warrant that you will not use the Site for any unlawful purpose.  For certain features of the Services you’ll need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account, including, without limitation, all purchase transactions.

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   6. Products

Every effort has been made to display as accurately as possible the colors and images of the Products. However, we cannot guarantee that your computer monitor's display of any color will be accurate.  Further, because of the rare nature of these unique and beautiful stones, not all will be the same color and you should expect some variation.  All Products descriptions are subject to change at any time without notice, in our sole discretion.

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

 

In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

The Services are intended solely for the sale of our Products direct to end consumers, and therefore the purchase of our Products for resale is strictly prohibited.  Purchase for resale means the purchase of a Product by someone that resells, or intends to resell, such Product to others (e.g., consumers, businesses or any third party). If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict the sales of our Products to you, cancel your orders, and/or suspend or terminate your account.

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   7. Payment

All prices for the Products displayed on the Site are in U.S. dollars and are subject to change at any time without notice.  The prices displayed do not include shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you at check out before you place an order and you are responsible for paying such charges and taxes to UP.

We accept Paypal, Apple Pay, and all major credit cards such as Visa, MasterCard and American Express. Your transaction will be processed through Wix.

You grant to UP the right to use information provided by you in connection with the purchase of a product made available through the website (each purchase is a “Transaction”) to third parties (such as Shopify) for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.  When you make a Transaction, you agree (i) that UP may, directly or through a third party payment processor, charge the credit card, debit card or other payment method you have chosen for your purchase for the total amount of your Order (including any applicable taxes, shipping and handling fees) for verification, pre-authorization and payment purposes; and (ii) to bear any additional charges that your bank or other financial service provider may levy on you.

 

If you wish to make a Transaction, you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.

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   8. Refunds and Exchanges

Each item is handmade upon order, so please note that cancellations are only available within 24 hours after you place your order. After 24 hours, no order cancellations are permitted.

If you wish to cancel your order and be refunded, you must contact UP within 24 hours of your order at the following points of contact:  info@underpressurejewelry.com

 

If you are not 100% satisfied with your item(s), we want to help. You can exchange or return your UP items for store credit only within 7 days of receipt and with all original packaging.  Items must be post marked no later than 8 days after receipt.  To return an item, email info@underpressurejewelry.com.

 

IMPORTANT: Items showing signs of wear, damage, or items that have been engraved, resized, or changed in any way will not be accepted for exchange. Further, items that you have kept for more than seven (7) days after receipt cannot be exchanged. Items must be post marked no later than 8 days after receipt.

For exchanges, we will pay the shipping costs to send your new item(s) to you on the first exchange only. For subsequent exchanges there will be no free shipping of the newly exchanged items to you and the shipping expenses and insurance for you to receive the new item(s) will then be charged to you and/or subtracted from the exchange credits in the amount of $20.

For all exchanges within the state of California: you will receive an exchange credit for the full price for the item(s) you purchased. All sales tax paid on your initial order will carryover to your exchange and you will not owe any additional sales tax on your exchange of equal or less value. You will only pay additional sales tax if your exchanged item(s) is greater than your exchange credit value. If you do not spend your entire credit on your initial exchange your credit will be updated for the unused amount and the tax remaining will carryover to your new credit amount.

 

   9. Shipping

Due to the handmade nature of each UP piece, our production/lead time is 4-5 weeks.  Additionally, domestic shipments may take up to 1 week.  But don’t worry, it will be worth the wait!  We offer free domestic shipping for all products on our website.  Products will ship via Federal Express, UPS, or DHL and will require a signature due to the value of the goods (unless you agree to assume the responsibility of having a package dropped at your home).  Unfortunately, we are not able to ship orders to P.O. Boxes or APO/FPO addresses.

All orders will be processed as they are received. If an item is sold out, our team will contact you.

Except as otherwise set forth herein, the risk of loss for and title to products purchased from UP passes to the purchaser upon delivery to the carrier.  We will not be responsible for inaccurate shipping information entered at checkout, inaccurate payment method, any delay caused in transit, and any delivery issues once the item has been delivered to the carrier.

 

Unfortunately we aren’t able to accept International Orders at this time.

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   10. Your Content

Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”.

 

By making any User Content available through the Services you hereby grant to UP a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.

 

You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by UP on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

 

   11. General Prohibitions and UP’s Enforcement Rights

You agree not to do any of the following: (a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; (b) Use, display, mirror, extract, scrape, copy, index or frame the Services (including any content made available by us therein) or any individual element within the Services, UP’s name, any UP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without UP’s express written consent;  (c) Access, tamper with, or use non-public areas of the Services, UP’s computer systems, or the technical delivery systems of UP’s providers. (d) Attempt to probe, scan or test the vulnerability of any UP system or network or breach any security or authentication measures; (e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by UP or any of UP’s providers or any other third party (including another user) to protect the Services; (f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by UP or other generally available third-party web browsers; (g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;  (h) Use any meta tags or other hidden text or metadata utilizing an UP trademark, logo URL or product name without UP’s express written consent;  (i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; (j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;  (k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; (l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;  (m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;  (n) Impersonate or misrepresent your affiliation with any person or entity; (o) Violate any applicable law or regulation; or  (p) Encourage or enable any other individual to do any of the foregoing. UP is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. You are solely responsible for your interactions with other users of the Site and UP bears no responsibility for your interactions with other users of the Site.  Further, UP is not party to any disputes between you and other users.

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   12. DMCA/Copyright Policy

UP respects copyright law and expects its users to do the same. It is UP’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

 

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at copyright.gov/legislation/dmca.pdf, UP will respond expeditiously to claims of copyright infringement committed using the Site that are reported to UP’s Designated Copyright Agent, identified in the sample notice below. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to UP’s Designated Copyright Agent. Upon receipt of the Notice as described below, UP will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. You may submit your Notice to us by providing the following written information: 

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

• “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to UP’s Designated Copyright Agent:

By Mail: 

UP’s Designated DMCA Agent 

c/o Under Pressure Jewelry, LLC

P.O. Box 803568

Dallas, Texas 75380

By Email: legal@underpressurejewelry.com  (with DMCA Notice in the subject line.) 

Please Note: The preceding information is provided exclusively for notifying UP about claims of copyright infringement committed using the Site.  All other inquiries, such as product or service related questions and requests will not receive a response though this process.

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   13. Links to Third Party Sites or Resources

The Services may allow you to access third-party sites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

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   14. Termination

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at info@underpressurejewelry.com.  Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7 (only for payments due and owing to UP prior to the termination), 10, 11, 15, 16, 17, 18, 19, 20.

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   15. Warranty Disclaimers and Warranty

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. IN ADDITION, UP WILL NOT BE LIABLE FOR ANY SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PAYMENT PROCESSING, ACCEPTANCE, COMPLETION, DELIVERY OR SETTLEMENT OF ANY TRANSACTIONS. UP MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, ORDER OR PRODUCT OBTAINED AS A RESULT OF YOUR USE OF THE SERVICES.  UP MAKES NO WARRANTY AS TO THE CONDUCT OF USERS OF THE SERVICES AND ASSUMES NO RESPONSIBILITY FOR A USER’S COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS.  UP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.

 

The sole warranty offered by UP is a limited 90 day warranty.  UP will repair or replace, at UP’s discretion based on the issue, any breakage caused by manufacturer defect within 90 days of receipt of purchase at no cost. Repairs needed after 90 days of receipt, or caused by misuse or typical wear and tear, will incur an additional repair charge.  If you believe you have a warranty claim, email info@underpressurejewelry.com.  Be sure to include your name, order number, description of issue and photo of the damage in your email. If we are able to repair or replace your piece, we will issue you a Return Authorization number and shipping instructions.  Repairs may take up to 6-8 weeks to complete and all repairs not under warranty are subject to repair and shipping charges. Repairs will be assessed on an individual basis and billed to the customer accordingly.

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   16. Indemnity

You will indemnify and hold UP and its officers, directors, employees, agents and representatives, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms or applicable laws.

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   17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER UP NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UP OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL UP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH ANY THIRD-PARTIES OR OTHER USERS EXCEED (A) THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO UP FOR USE OF THE SERVICES OR FOR ANY PRODUCTS, OR (B) ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO UP, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UP AND YOU.

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   18. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Texas, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and UP are not required to arbitrate will be the state and federal courts located in Dallas County, and you and UP each waive any objection to jurisdiction and venue in such courts.

 

Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and UP agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and UP are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

 

As limited exceptions to the Mandatory Arbitration of Disputes: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

 

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

 

Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

 

YOU AND UP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

 

Notwithstanding the provisions herein, if UP changes any of the terms of this Section 18 “Dispute Resolution” after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to info@underpressurejewelry.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of UP’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and UP in accordance with the terms of this Section 18 “Dispute Resolution” as of the date you most recently accepted these Terms.

 

If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

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   19. General Terms

UP and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

 

These Terms constitute the entire and exclusive understanding and agreement between UP and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between UP and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without UP’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. UP may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Any notices or other communications provided by UP under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

 

UP’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of UP. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

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   20. Charity Partners

From time to time, UP may partner with select non-profit partners. Upon request, a person may obtain a copy of the last financial report filed by the non-profit by reaching out to non-profit directly or through the non-profit's registry

 

   21. Notices and Contact Information

If you have any questions about these Terms or the Services or are sending notice pursuant to these Terms, please contact us at:

 

Under Pressure Jewelry, LLC
P.O. Box 803568
Dallas, Texas 75380
info@underpressurejewelry.com

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Privacy Policy

This website is owned and operated by Under Pressure Jewelry, LLC, a Texas-based company.  Under Pressure Jewelry, LLC ("UP", "us", or "we") takes your privacy very seriously. We are committed to protecting and safeguarding the privacy of visitors to our websites including mobile versions of our website ("Site").

This Privacy Policy identifies and describes the way UP uses and protects the information that we may collect about individuals who utilize the Site. This Policy may be changed or updated from time to time, and the "last-modified" date will always be visible at the top of this document.

If you do not agree to this Policy, please do not use the UP Site or provide any of your personal information. Your use of UP Sites and/or mobile applications indicates your acceptance of this Policy and of the collection and use of your personally identifiable information in accordance with this Policy.

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Information We Collect:

We may collect different types of personal and other information based on your use of our products and services and our relationship with you ("Personal Information"). Some examples of Personal Information we may collect include:

• Contact Information (for example, your name, telephone number, mailing address, and e-mail address);

• Payment information (such as your payment card details, financial account information, security codes, and billing address—most of which you are providing to Shopify, whose privacy policy governs any information you provide on Shopify sites);

• Information provided by you in conjunction with a survey or a promotion, or in registering for one our events;

• Other personal information you may provide to us (including photographs).

Also, when you visit our Site, we may collect certain information via automated means, like your activity on the Site (i.e., pages you visit, address of a referring website (if any), identifiers for your mobile device, geographic location information, and Internet Protocol (IP) address) for a number of purposes. Such information is collected using automated technologies such as cookies, web beacons, and server log files. We use this information to operate and manage the Site and may also use it to help tailor the ads you may see on the Sites and the messaging that is provided to you from our systems.

• Standard Web server traffic pattern information. General traffic, site usage, browser information and length of stay information is collected and stored in log files.

• Cookies/Web Beacons. A "cookie" is a text file that our website would send to your computer or mobile device to identify your browser or to store information or settings in your browser. A "web beacon" (also known as a pixel tag or Internet tag) links web pages to web servers and their cookies and may be used to transmit information through cookies back to a server. These tools allow a certain Internet site to remember important information that will make your use of the site more convenient.

If you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie, you can click on the "Help" section of your browser to learn how to change your cookie preferences. If you disable all cookies, you may not be able to take advantage of all the features of the UP Site.

We use analytic services, such as Google Analytics, as well as other third party vendors tracking aggregate data that place first-party and/or third-party cookies on a browser across our websites. To opt out of Google tracking, please visit their opt-out page. We also may use Google AdWords "remarketing" to market our sites across the web.  As part of this program, we would place a cookie on a browser, and then Google reads these cookies and may serve an ad on a 3rd party site (i.e., when you are visiting your Instagram page). You may opt out of such ad serving on Google’s opt out page. If you are concerned about 3rd party cookies served by networks, you should also visit the Network Advertising Initiative opt-out page.

We don’t knowingly collect personally identifying information from anyone under the age of 13 unless we first obtain permission from the child’s parent or legal guardian.  Children under the age of 13 are not authorized to make purchases from UP without consent from a parent or legal guardian.  If we become aware that we have inadvertently received Personal Information provided by a visitor under the age of 13 without permission from a parent or legal guardian, we will delete the information from our records. A child’s parent or legal guardian can also request that the Personal Information of their child be deleted from our records, if it has not been already.

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How Information is Used:

We may use the Personal Information we collect in a variety of ways, including to:

• Provide you with the best customer experience possible;

• Communicate with you regarding purchases, registrations, special events, and promotions;

• Provide the Products you wish to purchase;

• Deliver customized content and advertising that may be of interest to you, and remember you when you visit our Sites;

• Address network integrity and security issues;

• Respond to your requests, questions, and/or comments;

• Perform data analyses (including market and consumer research, and trend analyses).

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What We Share:

We do not sell your Personal Information to third parties.  Purchases on our Site go through Wix, which has its own privacy policy and protections in place.

We may share your personal information with other companies that perform services on our behalf, but only as necessary for them to perform those services (i.e., payment processing, shipping, etc.).

We may share information collected by cookies and other automated means with sites you link to from the UP Site, or with social media providers (such as Twitter, Facebook, and Google+) that you visit by clicking through from our Site. While we don’t capture or store your login information or any other personally identifiable information for social networks if you link to those through our Site, their websites may store session information or cookies on your computer or wireless phone.  UP uses a variety of social media websites to connect with consumers.  When interacting with UP on those social media websites, you may opt to reveal certain Personal Information.  Any Personal Information you have chosen to share on any UP social media pages will be visible to persons visiting those pages, and privacy on those pages is governed by the privacy policies of those social media companies. Other than to respond to posts or answer questions, UP will not use Personal Information provided on its social media pages without permission from you.  Social Media companies’ privacy policies will govern any Personal Information you opt to provide while you are visiting any UP presence on those sites.

In Other Circumstances: Other than as noted above, we may be required to share your Personal Information for purposes such as complying with court orders or law enforcement; assisting with identity verification, and to prevent fraud and identity theft; in process of arranging for the merger, acquisition, or dissolution of UP; or enforcing our agreements and property rights.

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Protecting Your Information:

The security of your Personal Information is important to us.  While we require all third party companies that we work with to comply with applicable laws and regulations with respect to your privacy, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that UP makes no warranty, guarantee, or representation that use of our Site is protected from viruses, security threats or other vulnerabilities.

Accessing, Changing, Or Suppressing Your Personal Data

If you would like to review, correct, update, suppress, restrict or delete Personal Information that you have previously provided to us, you can contact us at info@underpressurejewelry.com.  

 

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed, or other limitations you would like to put on our use of your Personal Information.

For your protection, we only fulfill requests for the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before fulfilling your request. We will try to comply with your request as soon as reasonably practicable, but at the latest will do so within thirty (30) days.

If you are an EU resident who wishes to make a request to UP under the General Data Protection Regulation (GDPR), you may also contact us as specified below to make any of the following requests:

• Access – request to provide the personal data it has about you

• Object – object to how UP is using personal data

• Portability – request UP send its personal data about you in a portable format

• Rectify – ask UP to correct the personal data it has about you

• Delete – ask UP to delete the personal data it has about you.

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Links To Other Sites

We may offer links to sites that are not operated by UP, or you may see a banner ad for a product and click on that to visit a third party website for that product. If you visit one of these linked sites, you should review their privacy and other policies.

We are not responsible for the policies and practices of other companies.

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Notice To California Residents

Subject to certain limits under California Civil Code § 1798.83, California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties.

To make this request, please contact us by e-mail at info@underpressurejewelry.com