Terms & Conditions

Effective Date: March 12, 2025

IMPORTANT NOTICE: THESE TERMS AND CONDITIONS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER SECTION BELOW.

1. Introduction

Please review this page carefully. These Terms and Conditions (“Terms”) constitute a legal contract between you and EFA Diamonds Inc. (“deBebians,” “we,” “us” or “our”) and govern your access to and use of the www.debebians.com and www.efadiamonds.com websites and their subdomains (collectively, the “Website” or “Site”), and all portals, products, goods, services, events, and interactive features, or other services controlled by us that post a link to these Terms (collectively, the “Services”). By using the Site or Services, you agree to these Terms. These Terms form a contract between you and deBebians, and if you are using the Site or Services on behalf of a deBebians or organization, such deBebians or organization will also be considered a party to these Terms.

All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Site or the Services. If you use or access any of the Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual. Our Services are not intended for those under the age of 18 – if you access our Services, you represent and warrant that you are at least 18 years of age.

From time to time, deBebians may decide to modify, add, or delete portions of these Terms and will post those changes here. If deBebians does so, your continued use of the Site or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site. In addition, deBebians reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided. deBebians further reserves the right to suspend or terminate the Services for any reason or at any time.

2. Privacy Policy

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. By using the Site and our Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside.

3. Shipping Information

General Shipping Information

Depending on the shipping selection, deBebians ships via FedEx, UPS and USPS, and each package is insured for the full retail value. All packages require an adult signature in order to be delivered.

Estimated Shipping Times

Estimated ship dates are posted on most product pages. Please note that these ship dates are an approximation only, are not a guarantee, and are based on your computer's date. (It is our expectation that your computer's date is set correctly.) The estimated dates provided do not take into account holidays, which may delay an order slightly. The estimated shipping times also do not take into consideration aspects that are out of our control (pandemic, natural disasters, etc.). If you are concerned about making a deadline, please contact us to ensure on-time delivery.

Alternate Shipping Address

deBebians will gladly ship your package to an address other than your credit card billing address. For example, if your billing address is a P.O. Box or you want to keep the purchase a surprise, you may ship the package to an alternate address. However, for security reasons, this alternate shipping address must be listed on file with your credit card company as an authorized alternate shipping address. deBebians will verify that both addresses are listed on file with your credit card company prior to shipment. Please make sure to list this alternate address with you credit card company soon after your purchase in order to not slow down the shipment date. If payment is by wire transfer, deBebians will ship to most any address.

International Shipping

deBebians will ship internationally via FedEx International Priority for an additional fee, which varies by location. All packages will be fully insured. deBebians is not responsible for duties, customs fees, or any expense or delay that may occur when shipping internationally. Please check your national and local regulations. Additionally, for international orders, we accept payment by bank wire only. Customer is responsible for all duties, customs fees, expenses, etc. deBebians is in no way responsible for duties, customs fees, expenses, etc.

Saturday Delivery

Where available, deBebians can always ship a package for Saturday delivery. If you prefer Saturday delivery, please select that option during checkout. (NOTE: Not all locations allow Saturday delivery.) Please check with deBebians or call 1-800-GO-FEDEX to verify that Saturday delivery is available in your area.

4. Product Information

Pricing and Availability

deBebians makes every effort to ensure the correct pricing of our items. In the event that a product is priced incorrectly, deBebians reserves the right to cancel any order(s) placed for an incorrect price. All prices and availability of products is subject to change without notice. Please contact deBebians prior to placing your order if you have any questions regarding items and or prices listed on our website. Discounts offered in the future cannot be applied to past purchases. Loose diamonds are subject to availability and will be confirmed once your order is placed and received in our system.

Custom Orders

deBebians is sometimes able to alter the current state of its jewelry. If there is a piece of jewelry that you would like modified feel free to give us a call. Our customer service representatives are available to help you and let you know what, if any, changes may be made to a piece. Special orders are considered non-refundable. Note: Engraving is considered CUSTOM and is therefore non-refundable.

Product Design

The design of the finished product may vary slightly from the product image shown on the website. For example, an eternity ring image may show holes on the inside of the ring, but the eternity ring made for you could be solid on the inside. If you have any questions or concerns about minor design variations, please contact us.

Engagement Rings

Our settings are available for purchase whether you choose to buy a center diamond from us or not.

Diamond Cut Grade

GIA Certified Diamonds: Cut grade is currently only provided by the Gemological Institute of America (GIA) on round brilliant cut diamonds. Fancy shapes (all other diamond shapes other than round brilliant) are not graded by the GIA for cut. Any fancy cut diamond purchase will not have a cut grade appear on its GIA grading certificate.

AGS Certified Diamonds: American Gem Society (AGS) Laboratories provides a cut grade on its diamond certificates. More information can be found here.

We use industry standards to provide cut grades on diamonds to guide you in your purchase. Please note that our Vault Collection includes what we determine to be the highest quality, round brilliant cut diamonds available to us on the world market.

5. General Information

Comments and Suggestions

deBebians welcomes all your comments and suggestions. Please call us toll free at 1-213-627-1300 or e-mail us at general@deBebians.com.

Payment Methods

For your convenience, deBebians accepts Visa, Mastercard, American Express, Discover, Klarna, ApplePay and PayPal payments.

Sales Tax

All orders shipped within the state of California will be subject to California state sales tax of 9.5%. Other states or jurisdictions may be subject to their respective sales taxes.

Deal of the Day

Any item sold as a Deal of the Day or #deBebiansDeal promotion is a final sale and cannot be returned. Deal of the Day items are not eligible for additional discounts.

Repair Service

deBebians offers repair services on items purchased through our website. Certain fees may apply. Please call a customer service representative toll-free at 1-213-627-1300 for further details.

Ring Sizing

deBebians offers complimentary ring sizing within the first 30 days from original purchase date, as long as the ring was not engraved. Please contact our office before sending your ring back for a resizing. Depending on the nature of the ring, sizing can take up to 7 business days. If the ring needs to be re-manufactured, deBebians will notify you; please note that this may cause the ring to take up to about 10-14 business days. A shipping and handling fee will apply.

Promotional and/or 'Free Gift with Purchase' Items

Any item that is included as part of your purchase must be returned in new/unworn condition if you choose to return any part of your order or you will be charged full retail price for the free item(s). The retail price is stated on the website with the associated item number.

6. Additional Terms and Conditions

In connection with your use of the Site and Services, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. Please read any supplemental policies and terms carefully before making any use of such portions of the Site or Services. Any supplemental terms will not vary or replace these Terms regarding any use of our Site or Services unless otherwise expressly stated. To the extent that additional rules and guidelines affect your use of our Services, those rules and guidelines are incorporated by reference into these Terms.

7. Consent to Electronic Communications

By using the Site and Services, you agree that we may communicate with you electronically regarding your use of the Site or Services and that any notices, agreements, disclosures or other communications that deBebians sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at general@debebians.com.

8. Third Party Websites

The Site may contain links to third party websites that take you outside of the deBebians websites and the Services (“Linked Sites”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.

Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.

9. Prohibited Conduct

You may not access or use, or attempt to access or use, the Site or the Services to take any action that could harm us or any third party, interfere with the operation of the Site or the Services, or in a manner that violates any law(s). For example, and without limitation, you may not:

· Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;

· Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;

· Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site or the Services;

· Collect or store personal data about other users of the Site or the Services or solicit personal information from any individual without proper rights or the consent of the individual;

· Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or the Services or any activity conducted on the Site or the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;

· Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;

· Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;

· Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to deBebians’ or its users’ computers or systems;

· Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”);

· Violate, or encourage any conduct that would violate, any applicable law or regulation;

· Engage in fraud or misuse of the Services;

· Cause damage, embarrassment or adverse publicity to deBebians; or

· Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site or the Services or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.

10.Security

Violating the security of the Site or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. We may suspend or terminate our access to the Site or the Services for any or no reason at any time without notice.

Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

11.Accuracy of Content and Invitation to Offer

deBebians has taken care in the preparation of the content of the Site, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. Packaging may vary from that shown. We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. To the extent permitted by applicable law, deBebians disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site. deBebians shall not be liable to any person for any loss or damage which may arise from the use of any of the information or products contained in any of the materials on the Site.

All products/services and information displayed on the Site constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the Terms as listed herein. deBebians reserves the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by deBebians and the balance would continue to be on offer to deBebians and deBebians reserves the right to accept or reject such balance order. No act or omission of deBebians prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.

12.Shopping Rules and Provisions

Our online store is powered by Shopify. You may review the Shopify Terms for more information on how Shopify operates and uses your information.

deBebians reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. deBebians also reserves the right, at our sole discretion, to prohibit sales to anyone as it may deem appropriate.

deBebians hereby disclaims any guarantees of exactness as to the texture, finish, exact color, and appearance of the final Product as ordered by the user.

While deBebians strives to provide accurate product and pricing information, pricing or typographical errors may occur. deBebians cannot confirm the price of a product until after you order. If a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, deBebians shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. If an item is mispriced, deBebians may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and deBebians will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration or cancel the order and notify you of such cancellation. In the event deBebians accepts your order the same shall be debited to your credit / debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to deBebians’ dispatch of the product that you have ordered. If we must cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account.

13.Refunds

deBebians is proud to offer a 30-day return policy. This means that any purchase still in its original condition may be returned back to deBebians within 30 days of when the item was originally shipped. The item must be in the original condition or it will not be accepted for return. For example, the item cannot have been worn. All of the original paperwork, diamond grading reports and jewelry box must accompany the piece or pieces of jewelry. If we do not receive all of the original contents a replacement fee will apply. If the original diamond lab certificate is not included, a $500 replacement fee will apply. Your account will be credited, less a restocking fee per item and any replacement fees, once the package has been received and reviewed by our Graduate Gemologist, usually within 1-2 business days. There is a $20 restocking fee on returns under $1,000, and a $50 restocking fee for returns over $1,000. Note: The customer is always responsible for paying the shipping costs on any items shipped back to deBebians.com on any returns, repairs or exchanges. No exceptions allowed.

14.Account Creation

To access and use the Site or Services, we may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site at any time and for any or no reason. deBebians will not be liable to you or any third party for any termination of your access to the Site. If your status as a user of this Site is terminated, you will (i) stop using the Site and any information obtained from the Site, and (ii) destroy all copies of your account information, password and any information obtained from this Site.

15.Use of Account; Risk of Loss

deBebians reserves the right to refuse service, cancel product or service orders, terminate accounts, or remove or edit content, in its sole discretion. If you use a deBebians account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Site and the Services. You also represent that you are using your account for a lawful purpose – you may not use your account or the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account.

You agree not to access the Site by any means other than through a commercially available web browser. You are not permitted to upload material onto the Site that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Site, or deBebians systems and equipment. You may not use the Site or Services in a manner that could block access to, impair, damage or otherwise disable deBebians or any of our servers. You may not attempt to gain unauthorized access to the Site or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. All materials uploaded are subject to applicable federal, state, and international laws.

16.Submitted Materials

Please note that the transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information requested by deBebians should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.

Unless specifically requested, deBebians does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email or forms made available on the Site). You remain fully responsible for the materials or submissions that you provide to use, including, without limitation, any information, requests, creative works, pictures, photographs, idea submissions, suggestions, reviews, testimonials, business plans, concepts, methods, systems, designs, plans, techniques, or demos in any media including photographs, graphics, audiovisual media or other material submitted, posted, uploaded, sent or otherwise transmitted to us through this Site or via our social media (“Submitted Material”). Accordingly, if you send us any Submitted Material, you grant deBebians a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sub-license (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send deBebians any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send deBebians any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize deBebians to use Submitted Material as permitted by the license in this Section.

We may pull content from our users who share photos and videos on social media via direct message or by using our brand hashtags or tagging our social media accounts (collectively, “Photos”). You acknowledge and agree that the Photos may be used in our social media, emails/SMS and on the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.

You agree not to provide Submitted Material that:

· Infringes on the copyright, trademark, patent or other intellectual property right of any third party;

· Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;

· Violates a third party’s right to privacy or publicity;

· Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;

· Contains epithets or other language or material intended to intimidate or incite violence;

· Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;

· Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or

· Violates any applicable local, state, national or international law, or advocates illegal activity.

Since deBebians does not control the Submitted Material, we do not guarantee the truthfulness, integrity, suitability, or quality of the Submitted Material, and we do not endorse such Submitted Material. We are not obligated to use your Submitted Material and may delete, modify, reuse, move or remove any Submitted Material at any time. We do not guarantee any confidentiality with respect to any Submitted Material. Under no circumstances will deBebians be liable in any way for Submitted Material made available through the Site or social media by you or any third party.

17.Intellectual Property

This Site contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site, deBebians or its third-party licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. All trademarks displayed on our Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with deBebians.

Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may provide a link to the top page of the Site unless and until deBebians gives you notice that you must discontinue linking to the Site. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale of or transfer or, or create derivative works based on any Content, including the deBebians name and logo, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from the Site. The use of Content from the Site on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without deBebians prior written approval.

For permission to use Content from the Site or from marketing material authored and distributed by deBebians, you must request written permission in advance and provide full attribution. Permission should be requested by contacting general@deBebians.com.

18.Claims of Infringement

deBebians respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, deBebians will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. deBebians will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide deBebians Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

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

• Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.

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

• 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., 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.”

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

• Deliver this Notice, with all items completed, to deBebians Designated Copyright Agent:

While deBebians considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

19.Indemnification

You agree to defend, indemnify, and hold harmless deBebians, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable), use of the Site, or any other use of the Site or the Services using your computer, mobile device, or account credentials.

20.Disclaimers

YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE SITE, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITED THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR ANY RIGHT OF PRIVACY; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE OR THE SERVICES; (4) WARRANTIES RELATING TO THE COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE OR OTHERWISE BY US; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (6) WARRANTIES OF TITLE. FURTHER, DEBEBIANS DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (1) THE SITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (2) THE SITE OR ANY EMAIL WE SEND YOU, OR THE SERVER THAT MAKES THE SITE OR EMAILS AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICE OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

21.Limitation of Liabilities

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL DEBEBIANS (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR INABILITY TO USE THE SITE OR SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF DEBEBIANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DEBEBIANS’ AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DEBEBIANS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DEBEBIANS DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO STOP USING THE SITE.

22.Release

If you have a dispute with us or one or more users of the Site or the Services, you release deBebians (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTENT TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

23.Termination

deBebians reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms by discontinuing your use of the Services and access to the Site. deBebians also reserves the right, in its sole discretion, to cease providing the Site or Services at any time.

24.Severability

If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.

25.Applicable Law; Jurisdiction

These Terms will be governed by the laws of the United States and the State of California, as applicable, without resort to any conflict of laws provisions. By using the Site, you waive any claims that may arise under the laws of other countries or territories.

26.Dispute Resolution; Class Action and Jury Trial Waiver

With respect to any and all disputes arising out of or in connection with the Site, Services, or these Terms (including, without limitation, the Privacy Policy), deBebians and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and deBebians do not resolve any dispute by informal negotiation within 60 days, then either of the parties may, by notice to the other, demand mediation under the supervision of JAMS (“JAMS”) in Los Angeles, California. If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with the agreement of both parties in writing), any unresolved controversy or claim will be resolved by initiating binding arbitration in accordance with the rules of JAMS before a single arbitrator in Los Angeles, California. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be assessed in a different way, and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, conducted expeditiously. Both you and deBebians understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor deBebians will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.

You agree that deBebians is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and deBebians understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in Los Angeles County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

27.General

You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. deBebians may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms. Nothing in this Agreement constitutes a partnership or joint venture between you and deBebians. deBebians does not guarantee continuous, uninterrupted or secure access to this Site or the Services, and operation of the Site may be interfered with by numerous factors outside of its control. deBebians’ failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between you and deBebians with respect to the subject matter hereof. The following sections Prohibited Conduct, Security, Use of Account; Risk of Loss, Submitted Materials, Intellectual Property, Indemnification, Disclaimers, Limitation of Liabilities, Release, Severability, Applicable Law; Jurisdiction, Dispute Resolution; Class Action and Jury Trial Waiver, and General survive any termination or expiration of this Agreement. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.

28.ADA Compliance Notice

We are committed to making the website’s content accessible. We have included descriptive text for all of our photos. We also use third-party software for web accessibility, which includes user-controlled settings for changing contrast and saturation, highlighting links, making text bigger, changing text spacing, pausing animations, hiding images, changing text fonts, and other settings. We hope these tools will make the content on our website more readily accessible to all users. We know that sometimes accessibility links or codes may get broken and/or not function properly. If you are having difficulty accessing, viewing, and/or navigating the content on the website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us using the information in the Contact Us section below with “Website Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all our customers and our overall accessibility policies.

29.Electronic Commercial Service Disclosure

Under California Civil Code Section 1789.3, California users of the Company services are entitled to the following specific consumer rights notice:

The name, address, and telephone number of the provider of the service is listed below in our Contact Us section. We do not charge you for the use of our website. If you have a question or complaint regarding our Services, please contact us directly using the information below.

If we fail to resolve your complaint, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

30.Contact Us

If you have questions about these Terms or the Services, you may contact us as follows:

deBebians
611 Wilshire Blvd.
Suite 909
Los Angeles, CA 90017

Email: general@debebians.com
Phone Number: 213-627-1300