Terms & Conditions

TERMS AND CONDITIONS OF SALE

Welcome to Dearest's online store. When you purchase products from our online store, you agree to be bound by these terms and conditions (“Terms and Conditions”) and any other terms we may supply, including but not limited to our Privacy Policy.
PLEASE READ THE TERMS OF SALE CAREFULLY BEFORE PURCHASING OUR PRODUCTS. BY PURCHASING PRODUCTS FROM DEAREST, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS. YOU ARE ALSO REPRESENTING AND WARRANTING THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR PLACE OF RESIDENCE TO PURCHASE AND USE OUR PRODUCTS. IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT PURCHASE DEAREST’S PRODUCTS. Our online store and the products offered in our online store are for retail sales to private consumers only and not for resale. If you are interested in wholesale or distribution of our products, please contact Dearest at: weardearest@gmail.com
1. PRE-ORDERS

You will be charged at the time you place your pre-order. If Dearest is unable to commence shipping of the Product on or before the eighteen month anniversary of your pre-order for our product, Dearest shall process a refund to you. All pre-orders are handled by Stripe and PayPal, our third party payment processing partner. When you place a pre-order, you are expressly agreeing to these Terms of Sale, as well as our Privacy Policy. Please remember, the pre-order price does not include duties, taxes and other governmental charges. You are solely responsible for those other charges.

2. PAYMENT
By providing a payment card, you represent and warrant that you are authorized to use the payment card and that you authorize S—our third party payment processor—to charge your payment card for the total amount of your order (including all applicable taxes and other charges). If the payment information you supply us is rejected or we cannot otherwise process your transaction, your order may be canceled, suspended, or delayed. It is your responsibility to resolve any payment problems Dearest encounters while processing your order. If you wish to alter, amend, or change your payment information, you can do so at any time by emailing us at weardearest@gmail.com
3. AVAILABILITY AND PRICING
All Products offered on Dearest’s site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain products without prior notice. Prices for our products are subject to change at any time, but changes will not affect any order(s) you have already placed.
4. SHIPPING
Prices for the products offered for sale in our online store do not include shipping costs. Our delivery charges and methods are as described on our website from time to time. Title for products purchased from our online store passes to the purchaser at the time of delivery by Dearest to the freight carrier, but Dearest and/or the freight carrier will be responsible for any product loss or damage that occurs when the product is in transit to you.
The Products available on the Store have been designed, marketed and sold for use by residents of the United States. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. You are responsible for complying with all applicable laws and regulations of the country for which the product is destined. We are not liable or responsible if you break any such law.
5. RETURNS AND REFUNDS
If you want to return or exchange anything you bought from us, you have 30 days from the date of shipping to make sure what you ordered from Dearest Ltd is right for you. If you purchased anything from our Signature Collection and aren’t 100% satisfied with your purchase, you can return your order for store credit, or exchange it for the right size. Your choice. If however you purchased a Bespoke Ring, you can only return the product for resizing. 
Any product you return needs to be in new condition and with the original tags or packaging. You are fully responsible for return shipping and any damage that might occur on the way back. Pack it with care like we do. Dearest Ltd reserves the right, at our sole discretion, to determine whether a returned product is in new condition. 
6. LIFE WARRANTY
Dearest Ltd warrants all products sold by Dearest to be free of defects in material and workmanship for a lifetime. If a product is found to be damaged by Dearest in its sole discretion, Dearest will be responsible with repairing the product, free of labor charge with all additional material cost billed separately. Dearest Ltd will not be responsible for any costs, losses or damages incurred because of the loss or use of any of its products, and Dearest Ltd specifically disclaims all claims for consequential and incidental damages.
This lifetime warranty is subject to several important restrictions:
This lifetime warranty is valid only for the original purchaser of a product, and it cannot be transferred to another person upon the sale, lease, or transfer of the product.
Any replacement of product can only be provided within the country of purchase.
This lifetime warranty does not cover normal wear and tear.
This lifetime warranty does not apply to anything other than defects in the manufacturing and workmanship of the product.
The lifetime warranty is waived in the event of (i) any modification or repair done in any way by any person other than by Dearest's jewelers. (ii) Any damage through misuse, misapplication of electricity, malicious acts, negligence, accident, natural calamities, or physical force. (iii) Any attempt to combine the product with any third party product.
To obtain warranty service, you must first contact the Company to determine the problem and most appropriate solution for you.
You use our products is at your own discretion and risk. You will be solely responsible for (and Dearest disclaims) any and all loss, liability or damages resulting from your use of our product, including loss of life, personal injury, or the loss of or damage to computer, mobile device, and all other property. 
7. DATA COLLECTION
By placing an order for Dearest’s products, you agree and understand that Dearest may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. Dearest may also share such data with its subsidiaries and affiliates. Dearest will protect your information in accordance with our Privacy Policy. Dearest works with other companies that help it provide our products to you, such as freight carriers and credit card processing companies, and you hereby acknowledge that  Dearest may have to share certain information with these companies for this purpose.
8. LIMITATIONS
Nothing in these Terms & Conditions and in particular within this "Limitation of Liability" section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) Dearest BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF INBOAR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) DEAREST’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO DEAREST OR DEAREST's AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. DEAREST DISCLAIMS ALL LIABILITY OF ANY KIND OF DEAREST’S LICENSORS AND SUPPLIERS.
9. DISPUTES
Any dispute relating in any way to your use of the products or these Terms and Conditions, shall be submitted to confidential arbitration in Massachusetts, U.S.A., except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court having jurisdiction. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Massachusetts. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the sale or use of Dearest’s products or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever banned. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future or other waiver.
10. CHOICE OF LAW
All matters relating to these Terms and Conditions and any dispute or claim arising under or relating to the products or these Terms, shall be governed by and construed in accordance with the internal laws of the state of Massachusetts, U.S.A. without giving effect to any choice of law provision of rule (whether of the state of New York or any other jurisdiction.)
11. FORCE MAJEURE
You agree that Dearest is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
12. SEVERABILITY
In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms and Conditions are deemed to conflict with each other’s operation, Dearest shall have the sole right to elect which provision remains in force.
13. NON-WAIVER
We reserve all rights permitted to us under these Terms and Conditions as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms and Conditions or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
14. ASSIGNMENT
You may not assign your rights and/or obligations under these Terms and Conditions to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms and Conditions to any other party at our discretion.
15. CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about  Dearest must be addressed to our agent for notice and sent via certified mail to: weardearest@gmail.com. Lastly, California users are also entitled to the following specific consumer rights notice: 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., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

TERMS OF SERVICE


LAST UPDATED: March 26th, 2019
YOUR ACCEPTANCE
Welcome to Dearest Ltd's Terms of Service for our website (“Site”) and our mobile application (“App”). This is an agreement (“Agreement”) between, Lumen Labs, Inc. (also called “Dearest" “us,” “our,” or “we”), and you, a user of our Site or App or another of our services (each a “Dearest Service”). By accessing our Site or using any Dearest Service, you agree to be bound by this Agreement and Dearest’ privacy policy. PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THE APP OR THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE DEAREST’ APP OR OUR WEBSITE.
Users of our app and our site must be 18 or above. If you are under the age of 18 please stop using our Site and Service immediately.
DEAREST ACCOUNTS
To purchase products and services from us, you may be required to create a unique profile called an “Dearest Account”. Account registration may require you to submit certain personal information, as is further described in and governed by our Privacy Policy. You agree to submit accurate, up-to-date, complete, and truthful information when creating a Dearest Account. We have the final discretion in granting accounts and reserve the right to reject users without explanation. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of the username and password assigned to your Dearest Account.
When creating a Dearest Account, you will be asked to designate a preferred payment method.  Dearest does not collect or retain payment card information. Instead, our payment processing partner— Stripe/PayPal —handles payments on our behalf.
END USER LICENSE AGREEMENT
The use of the  Dearest App is governed by the following end user license agreement. By downloading and using the App, you acknowledge that this end user license agreement is between you and Dearest, not Apple, and that Dearest, not Apple, is solely responsible for the App.
Scope of License: Subject to these Terms of Service, Dearest grants you a non-transferrable, non-exclusive license to use the  Dearest App for your personal use. Also subject to these Terms of Use,  Dearest grants you a non-transferrable, non-exclusive license to use a copy of the App downloaded solely in connection with the other  Dearest Services to your iPhone, iPad, or iPod Touch.
Certain Restrictions: The rights granted to you by these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any  Dearest Service or the App; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Dearest Services or the App, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access the Dearest Services or the App in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of the  Dearest Services or the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of the Dearest Services or the App shall be subject to these Terms of Use, unless otherwise provided in terms associated with such addition.
Modification: Dearest reserves the right, at any time, to modify, suspend, or discontinue the Dearest Services or the App or any part thereof with or without notice. In the future we may offer additional services, features, functionalities and in-app purchases. You agree that Dearest will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Dearest Services or the App or any part thereof.
Ownership: The App provided to you is licensed to you and not sold. Dearest (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Dearest Services and the App. These Terms of Service are not a sale and they do not convey to you any rights of ownership in or related to the App. The Dearest name, logo, and the product names associated with the Dearest Service belong to Dearest Ltd (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Dearest (and its licensors, where applicable) reserve all rights not granted in this Agreement.
CONTENT
Certain features of the Dearest App or Site allow you to post, submit, publish, share, store, or manage (a) ideas, opinions, recommendations, data and information, including Information and (b) literary, artistic, musical, or other content, such as photos and videos (both “Content”). By posting or publishing Content, you represent and warrant to us that you have all necessary rights to distribute Content to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the Content. You further represent and warrant that none of the Content you post or publish contains financial, privileged, confidential, personally identifiable or personal information of any kind whatsoever. You hereby grant to Dearest and our authorized personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable (in connection with an assignment of the Agreement), sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit information and Content as we in our sole and absolute discretion deem appropriate to perform and to promote (subject to your account settings) the Dearest Service, App or Site and in accordance with these Terms of Service. This license ends when you disable the Content or your account, unless Content has been shared with others and they have not deleted it.
You further acknowledge and agree that we will own all right, title, and interest in and to any materials, content, or other works of authorship created by us or on our behalf and used in connection with the Dearest Service, App or Site. We acknowledge and agree that, as between you and Dearest , you will own all right, title, and interest in and to Content you provide.
THIRD PARTY SERVICES AND CONTENT
Dearest Services may be made available or accessed in connection with third party services and content (including advertising) that  does not control. You acknowledge that different terms of use or service, and different privacy policies may apply to your use of such third party services and content.
USE OF DEAREST SERVICES, APP AND SITE
You are solely responsible for your use of the Services, App or Site, and for any use of Dearest, Dearest Services, App or Site made using your account. You agree not to access, copy, or otherwise use Dearest Services, the App or the Site, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Dearest. Without limiting the generality of the foregoing:
You will not copy, distribute or disclose any part of the App, Site or any Service in any medium, including without limitation by any automated or non-automated “scraping”;
You will not use the App, Site or any Service to defraud or attempt to defraud Dearest, its partners and service providers, or any other party in connection with your use of the App, Site, or the Service;
You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the App, Site or any Service in a manner that sends more request messages to Dearest servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Dearest grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the App, Site, or any Service;
You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You will not upload invalid data, viruses, worms or other software agents through the App, Site, or any Service;
You will not collect or harvest any personally identifiable information, including account names, from the App, Site, or any Service;
You will not access the App, Site or any Service through any technology or means other than those provided or authorized by Dearest;
You agree not to stalk, harass, bully or harm another individual who uses our App, Site or any Service;
You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
You agree to use our App, Site and any Service only in a safe manner and in compliance with all laws, you explicitly agree that you will not use the App, Site, or any Service for any criminal communications or for transmitting any child pornography;
You agree that you will not hold Dearest responsible for your use of our App, Site or any Service;
You agree not to violate any requirements, procedures, policies or regulations of networks connected to Dearest;
You agree not to interfere with or disrupt the App, Site, or any Service;
You agree not to hack, spam or phish us or other users;
You agree to provide truthful and accurate Content;
You agree to not violate any law or regulation and you are responsible for such violations;
You will not use our App, Site or any Service to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; and you will not upload any Content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our App, Site, or Services may at our discretion be terminated or suspended.
PAYMENTS AND REFUNDS
If you order our products or services using our site, please see our terms of sale [http://weardearest.com/terms] for additional details on payment terms and our warranty policy.
SOFTWARE AND SITE AVAILABILITY
We do not guarantee that the App, Site or Services will always be available, work, or be accessible at any particular time. Only users who are eligible to use our App, Site or Services may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the App, Site or Services will work as advertised, or that it will give you the desired results.
TAXES
You agree that you are responsible for all taxes and fees associated with your use of the App, Site and any Service. Although we may deduct nexus taxes or other taxes, you agree that if we do not, you will pay any associated taxes, levies, or fees.
COMPLIANCE WITH ALL LAWS AND REGULATIONS
Dearest is not responsible for your violation of any laws while using our App, Site and Services. Users must comply with all local, state, or federal laws regarding your use of our App, Site and Services. Our App, Site and Services are void where prohibited.
INTELLECTUAL PROPERTY RIGHTS
The design of the App, Site and Services, along with Dearest created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Dearest , subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Dearest reserves all rights not expressly granted in and to the App, Site and Services. You agree to not engage in the use, copying, or distribution anything contained within the App, Site or Services unless we have given express written permission.
REPRESENTATIONS AND WARRANTIES
OUR APP, SITE AND/OR SERVICES ARE OFFERED “AS-IS”, INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR APP, SITE OR SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR APP, SITE OR SERVICES MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SERVICE, SATISFACTORY QUALITY OF OUR APP, SITE OR SERVICES, MERCHANTABILITY OF OUR APP, SITE OR SERVICES OR THAT OUR APP, SITE OR SERVICES ARE NON-INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP, SITE OR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE APP, SITE OR SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE APP, SITE OR SERVICES WILL BE CORRECTED, OR THAT THE APP, SITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. DEAREST IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR APP, SITE AND SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APP, SITE OR SERVICE. LIMITATION OF LIABILITY
IN NO EVENT SHALL DEAREST ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE APP, SITE OR SERVICES OR ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP, SITE OR SERVICES, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP, SITE OR SERVICES TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OR INCLUDED IN OUR APP, SITE AND SERVICES, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR APP, SITE OR SERVICES FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR APP, SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DEAREST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
FOR JURISDICTIONS THAT DO NOT ALLOW US TO LIMIT OUR LIABILITY: NOTWITHSTANDING ANY PROVISION OF THESE TERMS, IF YOUR JURISDICTION HAS PROVISIONS SPECIFIC TO WAIVER OR LIABILITY THAT CONFLICT WITH THE ABOVE THEN OUR LIABILITY IS LIMITED TO THE SMALLEST EXTENT POSSIBLE BY LAW. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; OR (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE AND SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, SOFTWARE, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
INDEMNITY
You agree to defend, indemnify and hold harmless Dearest, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the  Dearest App, Site and/or Services;
your violation of any term of these Terms of Service;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that any of your Content caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Dearest  App, Site, or Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
COPPA COMPLIANCE
Dearest and its App, Site and Services may only be used by persons 18 years and older. If you are under 18 please stop using our App, Site and Services, and do not submit any information to us.
CHOICE OF LAW
All matters relating to the App, Site or Services, and these Terms of Service and any dispute or claim arising under or relating to the App, Site, Services or these Terms of Service, shall be governed by and construed in accordance with the internal laws of the state of Massachusetts, U.S.A. without giving effect to any choice of law provision of rule (whether of the state of New York or any other jurisdiction.)
FORUM OF DISPUTE
Any dispute relating in any way to your use of the App, Site, or Services, shall be submitted to confidential arbitration in Massachusetts, U.S.A, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court having jurisdiction. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Massachusetts. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Dearest App, Site, or Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever banned. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these Terms of Service shall imply any obligation to grant any similar, future or other waiver.
FORCE MAJEURE
You agree that Dearest is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
SEVERABILITY
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation,  Dearest shall have the sole right to elect which provision remains in force.
NON-WAIVER
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
TERMINATION OF SERVICE
We may terminate or suspend your Dearest Account, or our App, Site, and/or Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you may be entitled to a refund if applicable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
ASSIGNMENT
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
AMENDMENTS
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, make an announcement on our homepage or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our App, Site and Services.
ELECTRONIC COMMUNICATIONS
The communications between you and Dearest use electronic means, whether you use our App, or visit the Site, or send Dearest e-mails, social media, or other messages, or whether Dearest posts notices on the App, Site, or Service or communications with you via e-mail, or social media. For contractual purposes, you (1) consent to receive communications from Dearest in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Dearest provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Dearest must be addressed to our agent for notice and sent via certified mail to: 1 Financial Center Fl 40, Boston, MA 02111. Lastly, California users are also entitled to the following specific consumer rights notice: 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., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.