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Terms of Service | Privacy and General Terms of Use

TERMS OF SERVICE

Last revision: October 1, 2018

  1. Legally binding agreement. By clicking the “Accept” button on SwissJewel.com as part of the order process for products provided by Henyuan Sapphire Optics Company (“Henyuan Sapphire Optics”), or by otherwise submitting an order to Henyuan Sapphire Optics (whether online, by telephone or email, or by other means), the person or entity for which customer information is provided in the cart or order submission (“Customer”) accepts and agrees to, and intends to be legally bound by, these Terms of Service.  Henyuan Sapphire Optics may change these Terms of Service from time to time, effective upon posting an updated version on SwissJewel.com.
  2. Henyuan Sapphire Optics will provide Customer with the products selected by Customer in the cart or order submission, as such products are described on SwissJewel.com from time to time (the “Products”).  Henyuan Sapphire Optics reserves the right not to accept Customer’s order or otherwise to decline to provide Customer with the Products.
  3. Charges. Customer will pay all charges set forth in the cart or in an order submission that is accepted by Henyuan Sapphire Optics.  In addition, unless indicated otherwise in the cart or order, Customer will pay all costs of shipping the Products to Customer. Charges are exclusive of all taxes (including, without limitation, VAT, if applicable) and similar fees now in force or enacted in the future imposed on the sale and/or delivery of Products, all of which will be the responsibility of Customer (including, without limitation, if Customer breaches the warranty set forth in item 9 below with regard to its tax-exempt status).  Customer will be liable for all costs (including, without limitation, reasonable attorney fees) incurred by Henyuan Sapphire Optics in connection with collecting any charges or other amounts to which it may be entitled or enforcing its rights under these Terms of Service.
  4. Billing arrangements. For online orders, Customer will provide Henyuan Sapphire Optics with valid major credit card information and will pay by such credit card all charges, shipping costs, or any other amounts to which Henyuan Sapphire Optics may be entitled pursuant to these Terms of Service.  Henyuan Sapphire Optics will charge Customer’s credit card in advance of Product delivery for all charges and shipping costs.  Customer authorizes Henyuan Sapphire Optics to charge Customer’s credit card as provided above and agrees not to dispute or cancel charges of Henyuan Sapphire Optics properly made in accordance with these Terms of Service.  For other orders, Customer will pay all charges, shipping costs, or any other amounts to which Henyuan Sapphire Optics may be entitled pursuant to these Terms of Service, in advance of Product delivery, by check, wire transfer or other means set forth in an order submission that is accepted by Henyuan Sapphire Optics.
  5. The sale and purchase of Products from Henyuan Sapphire Optics to Customer will be effective upon payment in full of the charges described in item 3 above.  Online orders will be legally binding on Customer upon submission (subject to the right of Henyuan Sapphire Optics not to accept the order), and other orders will be legally binding on Customer upon acceptance by Henyuan Sapphire Optics in writing.  Customer may not cancel an order placed by Customer.  Customer will not be entitled to a refund of any charges under any circumstances.
  6. Henyuan Sapphire Optics will ship the Products to the location specified by Customer in the cart or order submission. Henyuan Sapphire Optics will send the Products for shipment, via ground or air shipping service as indicated in the cart or order, within a commercially reasonable time from the order date, but Henyuan Sapphire Optics does not guarantee a delivery date to Customer.  The Products will be deemed accepted by Customer upon delivery to Henyuan Sapphire Optics’s shipping company in Philadelphia, PA USA.  Henyuan Sapphire Optics will bear risk of loss until delivery to its shipping company, and Customer will bear risk of loss thereafter.
  7. Order Submissions
    1. Orders for Products, other than online orders, will be binding on Henyuan Sapphire Optics only if and when accepted by Henyuan Sapphire Optics in writing (online orders will be binding on Henyuan Sapphire Optics unless not accepted by Henyuan Sapphire Optics). Different, additional or inconsistent terms in an order submission to those set forth in these Terms of Service will not be binding on Henyuan Sapphire Optics, and any failure by Henyuan Sapphire Optics to object to any such terms will not constitute acceptance of such terms or a waiver of the terms set forth in these Terms of Service.  Typographical and stenographic errors in any order are subject to correction by Henyuan Sapphire Optics.
    2. If Henyuan Sapphire Optics provides a quote in connection with any order, charges included in such quote are subject to change by Henyuan Sapphire Optics at any time prior to its written acceptance of the order. After acceptance of an order by Henyuan Sapphire Optics, if circumstances outside of the control of Henyuan Sapphire Optics would result in an increase in Henyuan Sapphire Optics’s cost of the Products, or the time required for delivery of the Products, then Henyuan Sapphire Optics may either terminate the order (and will be excused from performance, without any liability) or equitably adjustment the terms of the order (and such adjustment will be binding on Customer).
    3. If a quote or order includes material to be furnished by Customer or provides for custom products, Customer represents, warrants and agrees that (i) such material will be of suitable quality to facilitate efficient production of the Products, (ii) Customer will furnish sufficient material to allow for reasonable spoilage, (iii) products manufactured or supplied by Henyuan Sapphire Optics in accordance with Customer’s specifications will not infringe or violate any third party rights, including, without limitation, patent or copyright and (iv) Customer will be responsible for (and waives all claims against Henyuan Sapphire Optics in connection with) any loss or damage to any materials furnished by Customer, whether such loss or damage occurs while such materials are in the possession of Henyuan Sapphire Optics or its affiliates or within or outside the course of the manufacturing or supply process.
  8. Warranty of Henyuan Sapphire Optics. Henyuan Sapphire Optics warrants that the Products will be delivered to Customer free from defects in material and workmanship.  EXCEPT FOR THE FOREGOING, SWISS JEWEL DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE PRODUCTS OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE PRODUCTS, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR TRADE PRACTICE.  In the event of a breach of the foregoing warranty by Henyuan Sapphire Optics, provided that Customer notifies Henyuan Sapphire Optics of the breach within thirty (30) days of delivery of the Product to Customer, Henyuan Sapphire Optics will replace the defective Products within a commercially reasonable time after Customer returns the defective Products to Henyuan Sapphire Optics.  The foregoing constitutes Henyuan Sapphire Optics’s sole obligation and Customer’s exclusive remedy in the event of any defective Products and will be binding on third parties that may purchase from Customer, directly or indirectly, the Products or any product of Customer that includes the Products.  Except as provided in this Section 8, Customer will not be entitled to return Products to Henyuan Sapphire Optics under any circumstances.
  9. Customer Responsibilities. Without limiting any other liability of Customer, Customer will be liable for the manner in which the Products may be used, directly or indirectly, by Customer or any third party.  Henyuan Sapphire Optics will not recognize Customer as tax-exempt unless Customer provides Henyuan Sapphire Optics with either its Reseller Number or copy of its Tax Exemption Certificate.  In such event, Customer represents and warrants that Customer is a reseller with tax-exempt status and that such number or certificate is the valid number or certificate of Customer, in full force and effect as of the date of Customer’s order of Products.
  10. Indemnification by Customer. Customer will indemnify, defend and hold harmless Henyuan Sapphire Optics and its shareholders, directors, officers, employees and representatives from and against any and all losses, claims, obligations, liabilities, actions, suits, proceedings, demands, judgments, payments, costs and expenses (including, without limitation, court costs, amounts paid in settlement, judgments, and reasonable attorney fees and other expenses), and damages of any kind, nature or description whatsoever (“Damages”) arising out of (i) any misrepresentation, breach of covenant or warranty or other breach or violation of these Terms of Service by Customer, (ii) use of the Products by Customer or any third party, and (iii) any other act or omission of Customer, its affiliates or any of their owners, officers, representatives, employees or users or such third parties (including, without limitation, personal injury or damage to property).
  11. Limitations of Henyuan Sapphire Optics’s Liability
    • No consequential damages. IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, RELIANCE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OR INACCURACY OF DATA, OR INTERRUPTION, INACCURACY OR LOSS OF USE OF EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
    • Liability exclusions. IN NO EVENT WILL SWISS JEWEL BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES ARISING IN ANY MANNER OUT OF ANY USE OF THE PRODUCTS (OR ANY INABILITY TO USE, MALFUNTION, OR LOSS, NONPERFORMANCE, OR FAILURE OF THE PRODUCTS).
    • Liability maximum. IN THE EVENT SWISS JEWEL WILL BE LIABLE TO CUSTOMER NOTWITHSTANDING THE LIMITATIONS AND EXCLUSIVE REMEDIES HEREIN, SWISS JEWEL’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE) WILL NOT EXCEED, IN THE AGGREGATE, THE CHARGES ACTUALLY PAID TO SWISS JEWEL FOR THE PRODUCTS THAT GIVE RISE TO THE LIABILITY.
    • Survival. THE PARTIES ACKNOWLEDGE THAT SWISS JEWEL HAS SET ITS PRICES AND AGREED TO PROVIDE THE PRODUCTS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY, EXCLUSIVE REMEDIES, AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THEY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.  THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS OF SERVICE WILL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY (AND THE SEVERABILITY OF SUCH PROVISIONS) AND WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF LIMITED REMEDY.
  12. Public Announcements. Subject to any written confidentiality agreement between Henyuan Sapphire Optics and Customer, Henyuan Sapphire Optics may use Customer’s name, marks and logo in Henyuan Sapphire Optics’s client list or in other promotional information or media.  No right or license is granted to Customer to use any Henyuan Sapphire Optics name, mark or logo.  Henyuan Sapphire Optics will have the right to fully exploit any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Products.
  13. Miscellaneous provisions. Customer must be at least 18 years old to order the Products. These Terms of Service will be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without regard to its principles of conflicts of laws.  Henyuan Sapphire Optics and Customer each hereby submits (and waives the right to contest on any grounds) to the exclusive, personal jurisdiction of either the Federal District Court for the Eastern District of Pennsylvania or any state, municipal or local court located in Philadelphia County, PA for all claims, disputes or controversies involving such parties and relating to the Products or these Terms of Service; provided, however, nothing herein will prevent Henyuan Sapphire Optics from asserting a claim for indemnification or any other claim hereunder in connection with a third party action in the same jurisdiction where a third party action has been brought.  If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, such provision(s) will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.  Except for the payment of charges by Customer, neither party will be liable for any failure to perform, or any delay in performing its obligations under these Terms of Service to the extent such failure or delay is caused by or results from an event beyond such party’s reasonable control, including, without limitation, acts of God, acts of war and terrorism, accidents, fires, floods, unusual weather conditions, strikes, labor disputes, governmental actions and telecommunications failures.  No joint venture, partnership, employment, or agency relationship exists between Customer and Henyuan Sapphire Optics as a result of the provision of the Products or these Terms of Service.  The failure of Henyuan Sapphire Optics to enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.  All remedies of Henyuan Sapphire Optics under these Terms of Service will be cumulative and not in limitation of any other remedies.  These Terms of Service comprise the entire agreement between Customer and Henyuan Sapphire Optics and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, regarding the subject matter hereof.  Henyuan Sapphire Optics may give legal notice by means of electronic or other mail to Customer’s address on record in Henyuan Sapphire Optics account information.

PRIVACY AND GENERAL TERMS OF USE

Last revision: October 1, 2018

By accessing or using SwissJewel.com (we use the term “Henyuan Sapphire Optics” to refer to our website), you agree and intend to be legally bound by these Terms of Use, including any changes that may be posted on Henyuan Sapphire Optics (at www.swissjewel.com) from time to time.  You should not use Henyuan Sapphire Optics if you have any objections to any of these terms.

 

PRIVACY

 

Information you provide about yourself

 

  1. Private information. When you create an account with Henyuan Sapphire Optics, you provide us, at a minimum, with your first and last names, email address, phone number, shipping and billing addresses and a password. This is information that can be uniquely identified with you or provide access to your account.  We will keep this information private, except as provided in these Terms of Use.

 

  1. Other information. When you create an account with Henyuan Sapphire Optics, you may also provide us with additional personally identifiable information through messages that you leave with us.  We also will keep this information private, except as provided in these Terms of Use.

 

Information we collect

 

  1. Site activity information. We keep track of most of the actions you take on Henyuan Sapphire Optics. Additionally, certain anonymous information may be passively collected (that is, gathered without your actively providing the information) using various technologies, including “cookies” (small pieces of code or data we transmit to or store for an extended period of time on your browser, computer, mobile phone, or other device).  Please see how we use this data below for additional information about why we collect this data.

 

  1. Access device and browser information. When you access Henyuan Sapphire Optics from a computer, mobile phone, or other device, we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit.

 

  1. Web token/cookie information. We may use web tokens and cookies to make Henyuan Sapphire Optics easier to use, to make our communications better, and to protect both you and Henyuan Sapphire Optics. You can remove or block web tokens and cookies using the settings in your browser, but in some cases that may impact your ability to use Henyuan Sapphire Optics.

 

How we share and use your information

We may utilize information that does not personally identify you in order to personalize Henyuan Sapphire Optics for our users.  We do not sell or share your personally identifying information with advertisers.  We do not share personal information with third parties for their direct marketing purposes.

 

To generate market research

We do not sell or share your personally identifying information.  However, we may use information that is not personally identifying (so long as it has been disconnected from your unique personally identifiable information) without limitations or restrictions, for any purpose, even after you delete your account.  These purposes may include, among others, producing market research reports or providing dashboard database access for third party market research.

 

To offer joint services

We may provide services jointly with other companies. We may share your information to facilitate that service.  However, we will identify the partner and present the joint service provider’s privacy policy to you before you use that service.

 

To work with our service providers

We may share your information with service providers who are working with us in connection with the operation of Henyuan Sapphire Optics or our services or products. These service providers may have access to your private and public personally identifying information only to perform services on our behalf and will be obligated not to disclose it or use it for any other purposes.

 

To manage or promote the service

We use information we collect (including the information you provide, such as personally identifiable information, information provided publicly and passively collected anonymous information) to provide the services and features of Henyuan Sapphire Optics to you and to administer Henyuan Sapphire Optics.  This includes to analyze, measure, improve, market, promote and customize Henyuan Sapphire Optics, as well as to prevent potentially illegal activities, detect and address anomalous activity and screen content to prevent abuse, and to enforce our Terms of Use (using a variety of technological systems).  We may also use this information to promote Henyuan Sapphire Optics and for our business development.  Under no circumstance will your personally identifying information be disclosed by Henyuan Sapphire Optics for any of these purposes.

 

To contact you

We may contact you with service-related announcements, marketing communications, promotions and other information.  We may include personally identifiable information and content you see on Henyuan Sapphire Optics in the communications we send to you.

 

To respond to legal requests and prevent harm

We may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Use. This may include sharing information with other companies, lawyers, courts or other government entities.

 

Transfer in the event of sale or change of control

If the ownership of all or substantially all of our business or Henyuan Sapphire Optics changes, we may transfer your information to the new owner so that the service can continue to operate.  In such a case, your information would remain subject to this privacy policy or a privacy policy that, at a minimum, protects your privacy to an equal degree as this policy.

 

Rights to content

The content of any information that is not personally identifying to you, such as any suggestions or ideas you provide to us, becomes our property for any use we may determine, without any notice or compensation to the author.

 

Other requirements

We may use information about you for any other purpose that we determine in our reasonable discretion is necessary or appropriate in connection with the operation of Henyuan Sapphire Optics, including maintaining, termination or transferring accounts, enabling or restricting access to accounts or ensuring compliance with our policies or applicable legal requirements.  We will share your information with third parties when we believe the sharing is permitted by you or is reasonably necessary in connection with the operation of Henyuan Sapphire Optics or when legally required to do so.

 

How you can change or remove information

 

  1. Editing and deleting your account. You may change or remove your profile information at any time by providing us written notice. If you want to stop using your account you may delete it.  When you delete an account, it is permanently deleted from Henyuan Sapphire Optics and may never be reactivated.  However, when we delete your account, we may NOT delete all personally identifying information.  By using Henyuan Sapphire Optics, you agree that we may keep this information permanently.

 

  1. Limitations on removal. Even after you remove information from your profile or delete your account, copies of that information may remain viewable on Henyuan Sapphire Optics and elsewhere to the extent it has been shared publicly or with others. Additionally, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested.  We may retain backup copies of removed and deleted information and may use such information for the purposes described in and in accordance with these Terms of Use.

 

How we protect information

 

  1. Steps we take to keep your information secure. We utilize third party security infrastructure (website/application hosting, database management, cloud servers) that is consistent with commercially reasonable practices. We provide security solely by providing you with access to and use of Henyuan Sapphire Optics through a combination of usernames and passwords.  We also may use automated and social measures to enhance security, such as analyzing account behavior for fraudulent or otherwise anomalous behavior, may limit use of site features in response to possible signs of abuse, may remove inappropriate content or links to illegal content, and may suspend or disable accounts for violations of our Terms of Use.  But you should keep in mind that no Internet transmission is ever completely secure or error-free.

 

  1. Risks inherent in sharing information. Please be aware that no security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on Henyuan Sapphire Optics, including personally identifiable information, will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on Henyuan Sapphire Optics. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.

 

Links

These privacy terms of use do not apply to websites linked to/from or using Henyuan Sapphire Optics or to entities or applications that Henyuan Sapphire Optics does not own or control.  Henyuan Sapphire Optics is not affiliated with and does not endorse content, items or services of those websites or third-parties.  When you click on links on Henyuan Sapphire Optics, you may leave our site.  Henyuan Sapphire Optics is not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.  Henyuan Sapphire Optics has no responsibility or liability for the availability of such external websites, or for the privacy, use, storage or transfer of your information or the content, advertising, products, or other materials shared by you or available through such websites.

 

Report violations

You should report any security violations to us at sales@Henyuan Sapphire Optics.com.

 

 

GENERAL

 

Your account

 

  1. You may not create more than one account or create an account for anyone other than yourself other than a care recipient for whom you are legally authorized to do so. You may not transfer your account.  You may not solicit login information or access an account belonging to someone else.

 

  1. If we disable or terminate your account, you may not create another one without our permission.

 

  1. You may not share your username or password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your account and the privacy of your account information.  You are also solely responsible for all activity on your account, including all purchases made or content provided through your account (with or without your knowledge or consent).

 

  1. Personal information that you submit to us is governed by these Terms of Use.

 

It is critical that you keep you account access information private and not share it with anyone.  If you lose your access credentials, or feel like they have been stolen or made public, please change them immediately. 

 

Content you provide

 

  1. You hereby sell, transfer and assign to us your entire right, title and interest in and to all trademarks, trade secrets, inventions, improvements, ideas or copyrightable works, including all rights to obtain, register, perfect and enforce these proprietary interests, which relate to Henyuan Sapphire Optics. Whether during your membership or thereafter, you will execute and deliver to us such formal transfers and assignments and such other documents as we may reasonably require.

 

  1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about Henyuan Sapphire Optics provided by you are non-confidential and shall become the sole property of ours. We will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

  1. You may not access Henyuan Sapphire Optics or collect users’ content or information using automated means (such as harvesting bots, robots, spiders, or scrapers).

 

  1. You may not upload viruses or other malicious code.

 

  1. You may not do anything that could disable, overburden, or impair the proper working of Henyuan Sapphire Optics, such as a denial of service attack.

 

User etiquette 

 

  1. You may not facilitate or encourage any violations of this Terms of Use.

 

  1. You may not post content or take any action on Henyuan Sapphire Optics that infringes or violates someone else’s rights or otherwise violates the law. We can remove any content or information you post on Henyuan Sapphire Optics if we believe, at our discretion, that it violates this Terms of Use or the law. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we may provide you with an opportunity to appeal.  If you repeatedly infringe other people’s intellectual property rights, we may disable your account when appropriate.

 

Termination by us

If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for us, or take any action or omission that we reasonably deem inappropriate in our sole discretion, we can suspend your access to or use of Henyuan Sapphire Optics or terminate your account. We may use any means we determine to identify violations of this Terms of Use.

 

Modifications to Terms of Use

We may make changes to these Terms of Use from time to time in our sole discretion and may post any such changes on Henyuan Sapphire Optics. Each time changes are made, notice of these changes may be posted on the home page.  Your continued use of Henyuan Sapphire Optics following the posting of changes constitutes your acceptance of any such changes.

 

Modification or suspension of Henyuan Sapphire Optics

You agree that we may, in our sole discretion, and at any time, modify, discontinue, or suspend its operation of Henyuan Sapphire Optics, or any part of Henyuan Sapphire Optics, temporarily or permanently, without notice to you, and you agree that we will not be liable for any consequences of doing so.

 

Contact information

If you have any questions or concerns with respect to these Terms of Use or Henyuan Sapphire Optics you may contact a representative of Henyuan Sapphire Optics at sales@Henyuan Sapphire Optics.com.

 

Electronic communications

When you communicate with us via email or through Henyuan Sapphire Optics, you are communicating with us electronically. You agree that we may communicate electronically and that such communications are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

 

Compliance with laws

You agree to comply with all applicable laws, statutes, rules and regulations regarding your use of Henyuan Sapphire Optics or our software, including intellectual property laws and privacy laws.

 

Protection of Henyuan Sapphire Optics intellectual property rights

You acknowledge that content available through Henyuan Sapphire Optics, including content in the form of text, graphics, software, music, sound, photographs, and videos, is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws.

 

Except as otherwise noted, all content posted on Henyuan Sapphire Optics is:

 

Copyright © 2018 Henyuan Sapphire Optics Company

All Rights Reserved

 

You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on Henyuan Sapphire Optics or any content available through Henyuan Sapphire Optics.

 

You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from Henyuan Sapphire Optics in any way, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether or not you receive compensation, without the express, prior our written permission.

 

You may not frame any trademark, logo, or other proprietary information on Henyuan Sapphire Optics, without our express, prior written consent, and you may not remove or obscure the copyright notice or other notices displayed on the content.

 

Nothing contained in these Terms of Use or on Henyuan Sapphire Optics shall be construed as conferring any license or right, expressly, by implication, by estoppel, or otherwise.  Any rights not expressly granted in these Terms of Use are reserved.

 

Trademarks/service marks

The trademarks, logos, service marks, names and tag lines, including “Henyuan Sapphire Optics”, displayed on Henyuan Sapphire Optics (collectively the “Marks”) identify our products and services, and inform the public that we are the source of those products and services.  Nothing contained on Henyuan Sapphire Optics should be construed as granting any right or license to use any Mark displayed on Henyuan Sapphire Optics.  Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:

 

  • To identify materials or services that are not Henyuan Sapphire Optics materials or services;

 

  • In, as, or part of your own trademarks or services marks;

 

  • In an manner likely to cause confusion;

 

  • In a manner that implies inaccurately that Henyuan Sapphire Optics or we sponsor, endorse or are otherwise connected with you, your products, services or other activities; or

 

  • In a manner that disparages Henyuan Sapphire Optics, us or dilutes the Marks.

 

You are also advised that we may enforce our intellectual property rights to the fullest extent of the law.  You agree not to display or otherwise inappropriately use any Marks without our prior written permission.

 

Disclaimer of warranties with respect to use of Henyuan Sapphire Optics

SWISS JEWEL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDINGANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

 

WE DO NOT MAKE ANY WARRANTY THAT SWISS JEWEL MAY MEET YOUR REQUIREMENTS.

 

WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SWISS JEWEL OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY REVIEW POSTED ON OR INFORMATION OBTAINED THROUGH SWISS JEWEL.

 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SWISS JEWEL IS USED AT YOUR OWN RISK AND THAT YOU MAY BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

 

Waiver of claims against us

You waive and release all liabilities, losses, claims, demands, disputes, damages, and costs of any kind, including reasonable attorneys’ fees and costs of litigation (“Damages”) against us, including any mental or bodily harm, injury or death or loss or damage to property, however it may occur, that arise out of your use of Henyuan Sapphire Optics, except for any arising out of our acts or omissions in violation of these Terms of Use.

 

Our limitations of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY DAMAGES INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, RESULTING FROM THE USE OF SWISS JEWEL, ANY PRODUCT OR INFORMATION MADE AVAILABLE THROUGH SWISS JEWEL (OR ANY ACCESS TO OR DISCLOSURE THEREOF), OR ANY OTHER MATTER RELATING TO SWISS JEWEL.

 

YOU HEREBY WAIVE AND RELEASE ALL RIGHTS RELATING TO THE FOREGOING.

 

THESE LIMITATIONS MAY APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

Your indemnification obligations

You agree to indemnify and hold harmless us, our affiliates, and our respective owners and representatives from and against any and all Damages, resulting from or in any way connected with your use of Henyuan Sapphire Optics, your violation of these Terms of Use, or any of your other acts or omissions.

 

Severability of Terms

If any provision of these Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in these Terms of Use shall continue in full force and effect.

 

Applicable Law

These Terms of Use and the resolution of any dispute related to these Terms of Use or Henyuan Sapphire Optics (including our privacy terms of use) shall be governed by and construed in accordance with the laws of the United States, including federal copyright and trademark laws, and with the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law.  Any legal action or proceeding between us and you related to these Terms of Use or Henyuan Sapphire Optics (including our privacy policy) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Philadelphia, PA and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum.

 

Consent to collection and processing in the United States

By using Henyuan Sapphire Optics, you consent to having your personal data transferred to and processed and stored in the United States.  The  Henyuan Sapphire Optics website and services are hosted in the United States and are intended for and directed to Users in the United States. If you are a User accessing Henyuan Sapphire Optics from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Henyuan Sapphire Optics which are governed by U.S. law, our Privacy Terms of Use, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.

 

About children.  Henyuan Sapphire Optics is not intended for children under the age of 18, and as provided in the Terms of Use, you must be at least 18 to use Henyuan Sapphire Optics.  If you are under age 18, please do not attempt to register for Henyuan Sapphire Optics or provide any information about yourself to us. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 18, please contact us at sales@Henyuan Sapphire Optics.com.

 

Who we are.  Henyuan Sapphire Optics is a website and application platform owned and operated by Henyuan Sapphire Optics Company.  As used in these Terms of Use, “we”, “us” and “our” means and refers to Henyuan Sapphire Optics Company.

 

In these Terms of Use, “include” (and terms such as “includes” and “including”) shall not be construed as a term of limitation but shall be construed as if followed by the words “without limitation.”