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Terms of Service

I. TERMS OF USE

A. INTRODUCTION

These Terms of Use apply to www.adpwe.com (the “Website” or the “Site”). The Site is operated by A Different Purpose “ADPwe”. Throughout the Site, the terms “we,” “us” and “our” refer to ADPwe. ADPwe offers this Website, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Site constitutes your agreement to these Terms of Use.

B. TERMS OF USE DO NOT APPLY TO SOFTWARE, PRODUCT OR SERVICE OFFERINGS

These Terms of Use do not apply to any product or service we offer for sale on the Site. Those product or service offerings are subject to separate conditions of sale found elsewhere on this Website.

C. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE

ADPwe is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate or more complete sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

D. CONDUCT ON THE SITE

Some features on this Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.

In addition, some features on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify ADPwe immediately. ADPwe may assume that any communications ADPwe receives under your password have been made by you unless we receive notice otherwise.

You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without ADPwe’s express prior written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without ADPwe’s express written consent.

E. FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS

Certain of the content, features and functionality on the Site may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.

F. USE OF MATERIALS ON THE SITE

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by ADPwe, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. ADPwe reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. ADPwe, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in ADPwe sole discretion. ADPwe neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with ADPwe.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. ADPwe reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which ADPwe may be entitled at law or in equity.

G. MATERIALS YOU SUBMIT

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense,

violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

If you do submit material, and unless we indicate otherwise, you grant ADPwe and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that ADPwe is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to ADPwe. You grant ADPwe and its affiliates the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify and hold ADPwe harmless from and against all claims resulting from content you supply.

H. INFRINGEMENT NOTICE

You are hereby informed that ADPwe has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of ADPwe’s system or network who are repeat copyright infringers.

ADPwe is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.

I. JURISDICTION AND APPLICABLE LAW

The laws of the State of Florida govern these Terms of Use and your use of the Site, and you irrevocably consent to the exclusive jurisdiction of the state or Federal courts located in the State of Florida for any action arising out of or relating to these Terms of Use or use of this Website. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of Florida and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

J. CHANGES TO THESE TERMS OF USE

ADPwe reserves the right, in its sole and absolute discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site after any changes to the Terms of Use or other policies means you accept the changes.

K. ENTIRE AGREEMENT AND ADMISSIBILITY

These Terms of Use, the Conditions of Sale also posted on this Website, and any policies or operating rules also posted on this Site constitute the entire agreement and understanding between you and ADPwe with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral, written, electronic or otherwise between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

L. SHIPMENT AND DELIVERY

Please refer to ADPwe’s Shipment and Delivery Policy on the site.

M. RETURN AND EXCHANGE

Please refer to ADPwe’s Return and Exchange Policy on the site.

SEVERABILITY

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms of Use will continue to be fully valid, binding, and enforceable.

N. HOW TO CONTACT US

If you have any questions or comments about these Terms of Use or this Site, please contact us by: Emailing us at: info.www.ADPwe.com 

II. CONDITIONS OF SALE

1. GENERAL

The following terms and conditions and any other related rules that are adopted by ADPwe and made available as provided herein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from ADPwe LLC. (“ADPwe”, or referred to herein as “us”, “our” or “we”) on the Internet via the ADPwe Website, identified by the domain name www.ADPwe.com (the “Platform”).

These Conditions of Sale apply to all sales made. The Conditions of Sale applicable to any order placed through Customer Service or the Platform are those in force at the time that an order has been placed on your behalf by a Customer Service representative (in the case of an order placed through Customer Service) or at the time you place your order (in the case of an order placed through the Platform). In the case of an order placed through the Platform, when you check the “I have read and I accept the Conditions of Sale” box at the payment section of the Platform before placing your order with ADPwe, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any ADPwe products from the Platform or Customer Service.

Please read these Conditions of Sale and check our Platform on a regular basis to be informed of any changes. ADPwe may modify the Conditions of Sale from time to time, at its sole and absolute discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. If you are placing an order through the Platform, then by checking the “I have read and I accept the Conditions of Sale” box and placing your order, you will be indicating your agreement to be bound by these Conditions of Sale as so modified through such time. Persons wishing to use Customer Service or the Platform will also be deemed, by virtue of such use, to have agreed to be bound by our Platform Terms of Use and our Privacy Policy, which are incorporated into these Conditions of Sale by reference.

2. PURCHASING ELIGIBILITY

Only individuals (and not legal entities) who (a) have reached the age of legal majority (eighteen in most states), and (b) have legal capacity to enter into contracts may order products through Customer Service or on the Platform. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in violation of this provision shall be disregarded and null and void.

By placing an order through Customer Service or on the Platform, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute ADPwe products or purchase ADPwe products for commercial purposes or any other commercial benefit.

3. PRODUCT AVAILABILITY; QUANTITY

All orders placed through on the Platform are subject to availability and acceptance by ADPwe.

ADPwe reserves the right to change the assortment of items offered on the Platform or through Customer Service, and may limit from time to time the quantity of ADPwe products that may be ordered by a Customer in a single buying session, without prior notice.

Customer Service and the product pages on the Platform can provide you with information regarding products that are currently available for sale through those channels. Please note that only merchandise displaying an “Add to Shopping Cart” icon is available for sale through the Platform.

4. ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT

In order to place an order on the Platform, you must either register and create an online account on the Platform, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. In order to create this account, you will be required to provide valid and up-to-date personal information, such as your full legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.

If you select the “Guest Checkout” option, you will have the option to create your ADPwe online account upon receiving the Order Confirmation. Please note that in such case, your ADPwe online account will not include transactions made prior to the creation of your account.

ADPwe will not be held responsible or liable for any misuse of your account in connection with, and/or resulting from, a third party’s access to and use of your password and account login.

Please refer to our Privacy Policy and Section 7 of these Conditions of Sale for more details about how we may use your personal information. If you select the “Guest Checkout” option on the Platform, your online account will not be created and we will not use your personal information for any purpose other than to process your order.

When placing an order on the Platform you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by ADPwe or its third party providers at this time for security and anti-fraud purposes.

You represent and warrant that the personal information you provide to Customer Service or via the Platform is true, valid, complete, accurate and up-to-date in all respects, and you confirm that you are the person referred to in the shipping and billing information provided.

5. ORDERS

If you are ordering on the Platform, orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Cart” icon to place this product in your shopping cart. You may then decide to continue shopping for other products and add them to your shopping cart (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on "X" next to the chosen product in the Shopping Cart. Once on the payment page, review your order details and personal information (including email, shipping address, billing address and payment information), check the box next to “I have read and I accept the Conditions of Sale”. Then, click on “Pay Now” to place your order.

Notwithstanding anything to the contrary provided for herein, ADPwe reserves the right to refuse, cancel and terminate orders at any moment in time. For example, ADPwe may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if ADPwe suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.

6. PRICES, TAX AND SHIPPING COSTS

All prices shown on the product pages of the Platform or quoted by Customer Service are in U.S. Dollars.

ADPwe reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Platform or quoted by a Customer Service representative, at the time ADPwe provides you with a Confirmation of Order, will be honored by ADPwe. Any description and information concerning the weight of precious materials and the number of stones and carats are provided as a reference and may vary slightly.

Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case of a Platform order) and will also be reflected in the Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery location and options.

The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

7. PAYMENT BY CREDIT CARD OR PAYPAL

ADPwe accepts the following credit cards: Visa, MasterCard, and Discover.

When ordering on the Platform, you will need to enter your payment details on the appropriate form. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to ADPwe, you will need to contact your card issuer directly to solve this problem, and ADPwe will not be liable for any delay or non-delivery.

In order to process your order, we may perform security checks on your credit card. Your credit card will be charged the full amount of the applicable purchase price at the time your order is placed. By submitting an offer to purchase ADPwe products on the Platform or through Customer Service, you expressly authorize ADPwe to perform such security checks, where ADPwe deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions.

ADPwe takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. ADPwe uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will implement appropriate measures to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.

You should carefully check and confirm all details on the payment page before placing your order through the Platform, including without limitation the particulars of each sale.

8. ACKNOWLEDGMENT OF ORDER

Once you have made your choice and your order has been placed on the Platform, you will receive an Acknowledgment of Order by email, acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by ADPwe. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, ADPwe will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order.

These Conditions of Sale will be provided to you with the Acknowledgement of Order through either email link or pdf. Please carefully review these Conditions of Sale upon receipt.

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