Introduction and Overview
EU data protection law makes a distinction between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). Michael F & Co., located at the address in the section entitled “Contact Us” below, is the controller with respect to information you provide through the Service.
Information We Collect
We collect information you provide directly via the Service, including when you register an account, update your profile, access our content, make a purchase, participate in a sweepstakes, contest, survey, or other promotion (“Promotion”), contact customer support, or apply for a job. We may use Service Providers (defined below) to collect this information.
The information we collect includes information that identifies you personally (whether alone or in combination). Some examples of information we collect include the following:
- Contact Data We collect your first and last name, e-mail address, postal address, phone number, and other similar contact data.
- Credentials. We collect passwords and other information for authentication and account access.
- Demographic Data We collect demographic information including your age, gender, and country.
- Payment Data We collect data necessary to process your payment if you make a purchase, including your payment instrument number (such as a credit card number), and the security code associated with your payment instrument.
- Profile Data We collect your interests, favorites, wish lists, ring size preferences, and other profile data
- Content We collect the content of messages you send to us, such as feedback and product reviews you write, or questions and information you provide to customer support. For example, if you contact a customer service representative or jewelry consultant and provide information to the consultant or submit a request through our Service, we will use your information to respond to your request and to provide you with additional information that we believe may be helpful to you. We may also collect content such as photos, videos or other content that you submit to us.
- Resume Data We collect data as necessary to consider you for a job opening if you submit an application to us, including your employment history, transcript, writing samples, and references.
You may choose to voluntarily submit other information to us through the Service that we do not request, and, in such instances, you are solely responsible for such information.
Information Collected Automatically
Michael F & Co. automatically collects information about your device and how your device interacts with our Service. We may use Service Providers to collect this information. Some examples of information we collect include the following:
- Service Use Data. We collect data about the features you use, the pages you visit, the e-mails and advertisements you view, the products you purchase, the time of day you browse, your referring and exiting pages, and other similar information.
- Device Connectivity and Configuration Data. We collect data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and other similar information.
- IP Address and Device Identifiers. Michael F & Co. collects your IP address and other device identifiers, including your MAC address and mobile advertising identifiers. We collect this data for various purposes, including to assess, diagnose problems, and improve functioning of our Service, servers, and hosting providers as well as to analyze trends and traffic patterns, gather demographic information, track the date, time, and duration of each session within our website, prevent fraud, and customize our services and advertisements.
- Location Data We collect data about your device’s location, which can be precise (e.g., latitude/longitude data) or imprecise (e.g., location derived from an IP address or data that indicates a city or postal code level).
- Log Files. Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users' movements around our site and understand trends.
- Operational: Cookies are essential in order for you to use our Service, such as our shopping bag, as well as to access password protected areas, such as your personal account.
- Analytics and Performance: Cookies collect information about how you use our Service and remember the choices you make (such as your language or location) to provide an enhanced performance and a more personalized experience.
- Customization: Cookies allow us to gather information on how our Service is being used so that we can provide content that is relevant to you.
- Social Networking: Cookies allow users to share our pages and content to third-party social networking sites.
For an updated list of cookies on our Service, and your choices regarding them, please visit our Cookie List.
- Web Beacons. Michael F & Co. also uses electronic images known as web beacons (also known as pixels) on the Service. When you access a website, video, e-mail, or advertisement that contains a pixel, the pixel may permit us or a third party to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels from third parties that allow us track our conversions, bring you advertising both on and off the Service, and provide you with additional functionality, such as the ability to connect our Service with your social media account.
- Location-Identifying Technologies. Location-aware technologies may be used to collect precise location data when you enable location-based services through your device. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location.
Some information about your use of the Service and certain Third Party Services (defined below) may be collected using Tracking Technologies across time and services and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain Third Party Services.
For further information on Tracking Technologies and your rights and choices regarding them, see the sections entitled “Third Parties” and “Your Rights and Choices” below.
Information From Other Sources
- Data brokers from which we purchase demographic data to supplement the data we collect.
- Social networks when you reference our Service or grant permission to Michael F & Co. to access your data on one or more of these services.
- Partners with which we offer co-branded services, sell or distribute our products, or engage in joint marketing activities.
- Advertising partners.
- Publicly-available sources such as open government databases or other data in the public domain.
For further information on Third Party Services, see the section entitled “Third Parties” below.
Use of Information
We use information about you for our legitimate interests, including to:
- Manage our Service, including your registration, account, and transactions.
- Perform services requested by you, such as to process and fulfill your order, to respond to your comments, questions, and requests, and provide customer service.
- Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
- Prevent or take action regarding illegal activities, including suspected fraud.
- Monitor and analyze trends, usage, and activities.
- Conduct internal research on our users' demographics, interests, behavior.
- Improve our marketing and promotional efforts, Service content and product and service offerings.
- Develop and send you direct marketing, including advertisements and communications about our and third party products, offers, promotions, rewards, events, and services.
We also use information about you with your consent, including to:
- Verify your eligibility and deliver prizes in connection with Promotions you have entered.
- Serve advertising tailored to your interests on our Service and Third Party Services.
- Fulfill any other purpose disclosed to you and with your consent.
We may use information that does not identify you (including information that has been de-identified) without obligation to you except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see the section entitled “Your Rights and Choices” below.
Sharing of Information
We share your information as follows:
- Service Providers. We share your information with third party agents, contractors, vendors, and other service providers in connection with their work on our behalf (collectively “Service Providers”). For example, if we need to ship something to you, we must share your name and address with a shipping company. Examples of other third parties that we may share your information with include: web hosting companies, fulfillment companies (e.g., companies that fulfill product orders), loose diamond suppliers, jewelers, assemblers, data analysis firms, affiliates, third party consulting or marketing firms, and e-mail service providers. Additionally, if you use a credit card or other financing alternative to place an order with Michael F & Co., we will use a third party payment processor to process your information in association with the transaction. We may also may share information with other companies and organizations for credit fraud protection and risk reduction. These third parties only receive your information if such information is needed to perform their function(s), and they are not authorized to use such information for any other purpose(s) other than the purpose(s) set forth by Michael F & Co.. We only provide third-parties with the minimum amount of information necessary to complete the requested service, product or transaction. Notwithstanding the above, we may permit our Service Providers to use aggregate information which does not identify you or de-identified data for other purposes.
- Affiliates: We may share your information with our related entities including our parent and sister companies. For example, we may share your information with our affiliates for customer support, marketing, and technical operations.
- Business Partners: We may share your information with our business partners in connection with offering you co-branded services, selling or distributing our products, or engaging in joint marketing activities. For example, we may share information about you with a business partner for purposes of providing you with co-branded products or services that we may offer.
- Special Events: If you choose to participate in a special event (for example, a Promotion), Michael F & Co. may share your information with those organizations participating in the applicable event. Typically, these third parties do not use your information for any other purpose other than to manage the event. In some cases these third-party partners may send you promotional materials regarding their products and services. In these cases, you will be given the opportunity to opt-out, and not have your information shared with that third-party partner. By entering a Promotion, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
- Feedback, Testimonials and User Provided Content. If you provide feedback or testimonials on the Service or on Michael F & Co. products or services, or provide other User Provided Content (such as photos or videos), we may post and share this feedback, testimonial or other User Provided Content, including your information, on the Service, with third party partners, or in marketing and promotional materials. We may, by our sole discretion, edit feedback, testimonials or User Provided Content for length and content. California residents and data subjects in Europe have additional rights as set forth in “Your Rights and Choices” below.
- Third Parties. We may share your information with third parties for purposes of facilitating your requests (such as when you choose to share information with a social network about your activities on the Service) and in connection with tailoring advertisements, measuring and improving our Service and advertising effectiveness, and enabling other enhancements.
- Business Transfer. Your information may be disclosed as part of, or in connection with, any merger, sale of company assets, or acquisition, as well as in the event of an insolvency, bankruptcy or receivership, in which information would be transferred as one of the business assets of Michael F & Co..
- Security, Compliance with Law, and Fraud Protection. We may disclose your information as we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We also may share your information in order to investigate, prevent or take action regarding illegal activities, including suspected fraud, or as otherwise required by law. We may also share your information to protect the rights, property, life, health, security and safety of us, the Service or any third party.
- Consent. We may share your information for any other purpose disclosed to you and with your consent.
Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see the section entitled “Your Rights and Choices” below.
Michael F & Co. does not knowingly collect personal information from children under the age of thirteen (13). In the event that Michael F & Co. ever does so, we will strictly comply with the Children's Online Privacy Protection Act (“COPPA”). If you are a parent or guardian and believe Michael F & Co. has collected such information in a manner not permitted by COPPA, please contact us as set forth in the section entitled “Contact Us” below, and we will remove such data to the extent required by COPPA.
Third Party Services
Third Party Features
- Liking and Sharing. We may embed a pixel or SDK on our Service that allows you to “like” or “share” content on your Michael F & Co. account through, Third Party Services, including social networks such as Facebook and Twitter. If you choose to engage with such a Third Party Service through our Service, we may collect any information you have authorized the Third Party Service to share with us (such as your user ID, billing information, public profile information, e-mail address, birthday, friends list, and other account and profile data). Likewise, if you choose to engage with such a Third Party Service through our Service or visit our Service while logged in to that Third Party Service on your device, the Third Party Service may receive information about your activities on our Service and be able to associate that information with information the Third Party Service already has about you.
Analytics and Interest-Based Advertising
Our Service contains Tracking Technologies owned and operated by Third Parties. For example, we use Tracking Technologies from third party analytics provides, such as Google Analytics, to help us analyze your use of the Service, compile statistic reports on the Service’s activity, and provide us with other services relating to Service activity and internet usage. We also work with ad serving services, advertisers, and other third parties to serve advertisements on the Service and/or on Third Party Services. These third parties may use Tracking Technologies on our Service and Third Party Services (including in e-mails and advertisements) to track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you on the Service and Third Party Services or third party devices after you have left the Service (“Interest-based Advertising”).
We may serve ads on Third Party Services, such as Facebook and Google, which are targeted to reach people (or similar people) on those services that have visited our Service or that are also identified in one of more of our databases (“Matched Ads”). This is done by matching common factors between our data and the data of Third Party Services. If we use Facebook Custom Audiences to serve Matched Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad and find out how to opt-out. We are not responsible for such Third Party Services’ failure to comply with your opt-out instructions.
Your Rights and Choices
Review and Update of Account Information
You may access, update, or remove certain account information that you have voluntarily submitted to us through the Service. If you would like to update or revise information in your account, you may do so through your account or by contacting us as set forth in the section entitled “Contact Us” below. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. California residents and data subjects in Europe have additional rights as set forth in the sections entitled “Your California Privacy Rights” and “Your European Privacy Rights” below.
Please be aware that if you disable or remove Tracking Technologies some parts of the Service may not function correctly.
To opt-out of receiving e-mail promotions from Michael F & Co., please follow the unsubscribe instructions in our promotional e-mail correspondence or contact us as set forth in the section entitled “Contact Us” below. Please note that opting out of promotional communication received from Michael F & Co. does not affect our non-promotional communications with you, including those related to your account, orders placed with Michael F & Co., or our ongoing business relations.
Your California Privacy Rights
If you are a customer in California, in addition to the rights set forth above, you have the right to request information from Michael F & Co. regarding the manner in which Michael F & Co. shares certain categories of personal information as defined by California’s “Shine the Light” with third parties and/or affiliates for their own direct marketing purposes. To receive this information, send us a request at the address set forth in the section entitled “Contact Us” below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Michael F & Co. may provide this information in a standardized format that is not specific to you and is not required to respond to requests made by means other than through the provided e-mail address or mail address.
Any California residents under the age of eighteen (18) who have registered to use the Service and posted content or information on the Service, can request that such information be removed from the Service by sending an e-mail to the e-mail address set forth in the section entitled “Contact Us” below. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
Your European Privacy Rights
If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Service. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the Service. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
To exercise any of these rights, contact us as set forth in the section entitled “Contact Us” below and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Please note that we store information as necessary to fulfil the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority.
We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect your information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Despite the measures we take, transmission via the Internet is not completely secure and we cannot guarantee the security of your information.
By email: email@example.com
By address: 7 West 47th Street
New York City 10036
What Are Cookies
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how doing this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in disabling certain functionality and features of the site. Therefore, it is recommended that you do not disable cookies.
The Cookies We Set
Account related cookies
Login related cookies
Email newsletters related cookies
This site offers newsletter or email subscription services, and cookies that may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribe/unsubscribed users.
Orders processing related cookies
This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
Surveys related cookies
Forms related cookies
When you submit data to you through a form such as those found on contact pages or comment forms, cookies may be set to remember your user details for future correspondence.
Site preferences cookies
To provide you with a great experience on this site, we provide the functionality to set your preferences for how this site runs when you use it. To remember your preferences, we need to set up cookies so that this information can be called whenever you interact with a page that is affected by your preferences.
Third Party Cookies
This site uses Google Analytics, which is one of the most widespread and trusted analytics solutions on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
From time to time we test new features and make subtle changes to the way that the site is delivered. While we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimizations our users appreciate the most.
We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For those who work on the following social media sites, including: List the social networks whose features you have integrated with your site, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
Hopefully, that has clarified things for you and as was previously mentioned, if there is something that you aren't sure whether you need or not it's usually safe to leave cookies enabled in case it does interact with one of the features you use on our site.
However, if you are still looking for more information then you can contact us through one of our preferred contact methods:
By visiting this link: https://michaelfdiamonds.com/contact
Terms & Conditions
These terms and conditions apply to the Michael F & Co. Web site and its subsidiaries and affiliates, including Michael F & Co.'s sites around the world (collectively the “Site”) and other websites that expressly incorporate these Conditions ("Conditions"). In some instances, a particular Michael F & Co. product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Michael F & Co. Site.
Change of terms
Michael F & Co. may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Michael F & Co. may give by any means, including, without limitation, by posting the revised Conditions on the Michael F & Co. Site. You are responsible for reviewing the Michael F & Co. Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site. Any access or use by you of the Michael F & Co. Site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site.
The Site and all content and other materials, including, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, "look and feel", information, data, sound files, and other files and software is the proprietary property of Michael F & Co. or its affiliates, licensors or users and is protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Michael F & Co. Site is owned by or licensed to Michael F & Co.. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Michael F & Co. Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Michael F & Co. Site without the written permission of Michael F & Co. or any third party that may own such trademarks or service marks. Michael F & Co. will aggressively enforce its intellectual property rights to the fullest extent of the law.
Michael F & Co., the Michael F & Co. logos, and any other product or service name or slogan contained in our Site are trademarks of Michael F & Co. and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Michael F & Co. or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Michael F & Co." or any other name, trademark or product or service name of Michael F & Co. without our prior written permission. All other trademarks, registered trademarks, product names and Michael F & Co. names or logos mentioned in our Site are the property of their respective owners.
Use of the site
You are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site materials for your informational, non-commercial and personal use only. Such license is subject to these Conditions and does not include: (a) any resale or commercial use of our Site or the Site materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site materials, (d) modifying or otherwise making any derivative uses of our Site and the Site materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site materials other than for its intended purpose. Any use of our Site or the Site materials other than as specifically authorized herein, without the prior written permission of Michael F & Co., is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Information on our website
Michael F & Co. is committed to providing current and accurate information on our web sites, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate or complete. In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system and typographical errors which may occur. Inadvertent errors or inaccurate advertised prices are not binding on Michael F & Co., and may be adjusted by Michael F & Co. at any time. Michael F & Co. reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product’s listed price than the actual price, Michael F & Co. will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Michael F & Co. apologizes for any inconvenience that this may cause.
Information that we communicate is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policies.
Michael F & Co.'s product details and prices are also subject to change without notice. All of our prices are final and non-negotiable. Additionally, in order to conserve natural resources, and maintain the high quality of our pieces, Michael F & Co. does not allow multiple pieces to be purchased for comparison, which is the act of buying several items with the intent of keeping the item that you like best and returning the remaining items that were purchased. If you have any questions regarding our policy, please contact our Customer Service at firstname.lastname@example.org
All representations including representations regarding gemstone origin, recycled content of precious metals, and estate information, are provided to the best of Michael F & Co.’s knowledge and without guarantee or warranty of any kind.
Your account and order
When you access or use the Michael F & Co. website or your personalized Michael F & Co. account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use our only under the guidance and direction of a parent or guardian. Please note that Michael F & Co. reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
In the case where a customer files a chargeback, Michael F & Co. has the right to recover its direct and indirect costs, and cancel any promotional items, free shipping, or other benefits, as determined in Michael F & Co.'s sole and absolute discretion.
When you order a loose diamond, Michael F & Co. will ship it to you with the accompanying diamond certificate which is a diamond grading report. These grading reports are detailed documents created by diamond grading experts at highly-respected diamond laboratories. These diamond grading reports are extremely expensive to replace and as a result of this, Michael F & Co. requires each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of two hundred and fifty dollars ($250.00).
Passage of the title
Title for goods purchased passes from Michael F & Co. to the purchaser’s designee at the time that goods are delivered to the designee.
Signature Requirements for Delivery
For your protection, Michael F & Co. insures and registers all items for their full value. Michael F & Co. requires that all deliveries must be made to a physical business or home address only - we do not ship to P.O. Box addresses. We also require an adult to sign for the delivery for orders over $250.
Cancellation of the products
Michael F & Co. reserves the right to cancel products or services to any customer for any reason at any time. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.
Repeat infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Michael F & Co. has the sole discretion to terminate and bar specific website users or Michael F & Co. account holders who under appropriate circumstances are determined to be repeat infringers. Michael F & Co. further reserves the right to limit access to this website and/or terminate the account of any users whom Michael F & Co. reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
Advertisements and Promotions
Michael F & Co. may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and Michael F & Co. is not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of, advertisers other than Michael F & Co. and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Feedback and Submissions
You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this website, Michael F & Co., or the Michael F & Co. products or services that are provided by you to Michael F & Co. in any form are not confidential and upon submission, shall become the sole property of Michael F & Co.. Michael F & Co. shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Michael F & Co. and its sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.
Social media user content
At times, Michael F & Co. may reach out to social media users to seek their permission to feature our favorite content on our Site, social channels, or in promotional materials. Michael F & Co. may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments and other materials from social media sites, in connection with Michael F & Co.’s business, product features, marketing, promotional, advertising and other consumer-related activities.
When you respond to a request for permission to use your social media User Content, you are granting Michael F & Co. and its related agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your social media User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your social media User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You are also granting the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your social media User Content.
You are also agreeing, representing and warranting that (i) you are solely responsible for your social media User Content, (ii) you own all rights in and to your social media User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such social medial User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your social media User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the social media User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
The Licensed Parties reserve the right to remove any social media User Content from the Site. If you believe any content, including social media User Content, residing on the Site infringes any person’s or entity’s copyright rights, please contact Michael F & Co..
Product reviews and user content
Michael F & Co.’s website and social media accounts include or may include in the future a product review feature, discussion forums, user generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials or other items on our website or social media accounts (“Interactive Areas”). You shall be solely responsible for your use of such Interactive Areas. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following: (a) Any message, data, information, text, music, sound, photos, video, graphics, code or other material (“User Content”) that is or would reasonably be considered to be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, statute or regulation, including, but not limited to, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of Michael F & Co., is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose Michael F & Co. or its users to any harm or liability of any type.
Any use of the Interactive Areas or other portions of the Michael F & Co. website in violation of the foregoing paragraph violates these Terms and Conditions and may result in termination or suspension of your rights to use the Interactive Areas and/or our website.
Disclaimer of warranties
THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS PROVIDED IN CONNECTION THEREWITH (THE "PRODUCTS") ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. Michael F & Co. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, BY YOUR OWN FREE WILL, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM THIS USE. WITHOUT LIMITING THE FOREGOING, Michael F & Co. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE. Michael F & Co., DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ITS ELECTRONIC COMMUNICATION ARE ACCURATE, RELIABLE, COMPLETE, CURRENT OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of liability
IN NO EVENT SHALL Michael F & Co., ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Michael F & Co. PRODUCTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM THE USE OF OUR SITE, THE PRODUCTS, THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE Michael F & Co. SITE, OR THAT RESULTS FROM THE RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Michael F & Co., INCLUDING ANY ERROR OR OMISSION REGARDING LISTED DIAMOND ORIGIN, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE Michael F & Co. SITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Michael F & Co.’S PROGRAMS OR SERVICES, EVEN IF Michael F & Co. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF THE LOSS, DAMAGE OR EXPENSE WAS CAUSED BY Michael F & Co., ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS. IN NO EVENT SHALL Michael F & Co.'S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
You agree to defend, indemnify, and hold harmless Michael F & Co., its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Michael F & Co. Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Michael F & Co. and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Links to other sites and services
Links to other Internet sites and services operated by third parties, including Michael F & Co. vendors, do not constitute sponsorship, endorsement, or approval by Michael F & Co. of the content, policies, or practices of such linked sites or services. Michael F & Co. is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
Notwithstanding any of these Conditions, Michael F & Co. reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
These Conditions contain the entire understanding of you and Michael F & Co. with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Michael F & Co. with respect to the subject matter hereof. The failure of Michael F & Co. at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Michael F & Co. to thereafter enforce each and every provision of these Conditions. No waiver by Michael F & Co. of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.
These Conditions and your use of this Site shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity or any dispute, claim or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof, (collectively, “Claims”) shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are waiving the right to a trial by jury. This arbitration provision shall survive the termination of these Conditions, as well as any other contractual agreement that you have with the Company.
You acknowledge and agree that, by agreeing to these Conditions, the Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of this provision and that any such arbitration must proceed with the American Arbitration Association (“AAA”) or JAMS in San Francisco County, California, before a mutually agreed upon single arbitrator licensed to practice law. It will be conducted in accordance with the then-prevailing Arbitration Rules of the AAA and the arbitrator shall be bound by these Conditions. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties.
If you have any questions, please do not hesitate to contact us.
Some items may appear larger or smaller than actual size due to your screen defaults and photography techniques. Certain 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.
Actual colors of the diamonds as well as colored gemstones may vary. This is due to computer monitors displaying colors differently and everyone can see these colors differently. We try extremely hard to ensure our photos are as life-like as possible, but please understand the actual color may vary slightly from your monitor. We cannot guarantee that the color you see on your monitor or mobile device accurately portrays the true color of the product.