Alex and Ani® Terms and Conditions
Thank you for visiting the Alex and Ani® website located at www.alexandani.com (the “Site”). The Site is an Internet property of LMGL, LLC (collectively, “Alex and Ani®,” “we,” “our” or “us”). The following Alex and Ani® Terms and Conditions (“Terms and Conditions”) are inclusive of the Alex and Ani® Privacy Policy (“Privacy Policy”), the JEWELRY LOVE CLUB Rewards Program Terms and Conditions (“Rewards Program Terms”) applicable to our JEWELRY LOVE CLUB Rewards Program (as defined below), the Alex and Ani® Mobile Message Service Terms and Conditions (“Mobile Service Terms”) applicable to the Mobile Message Service (as defined below), the contest and promotion rules applicable to each Promotion, as defined below (“Promotion Rules”), and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).
Each end-user visitor to the Site (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he/it: (a) accesses or uses the Site; (b) accesses and/or downloads any of the text, Product (as defined below) reviews, testimonials, audio, video, photographs, graphics, artwork and/or other content featured on the Site (collectively, “Content”); (c) purchases any of the Alex and Ani® jewelry and other types of products and/or services featured on the Site (collectively, the “Products”); (d) where available, purchases Alex and Ani® Gift Cards (“Gift Cards”); (e) registers to receive our email newsletter (“Newsletter”), which contains updates and promotions associated with various Alex and Ani® Products; (f) registers to receive SMS text message alerts and offers from Alex and Ani® (“Mobile Message Service”), which contain updates and promotions associated with various Alex and Ani® Products (the Mobile Message Service is subject to the Mobile Service Terms, which can be accessed here.
(g) accesses links to Alex and Ani’s® social media pages/accounts on third party social media websites (“Social Media Websites”), such as Facebook®, Instagram®, LinkedIn®, Pinterest®, TikTok®, Tumblr®, X® and YouTube® (collectively, “Social Media Pages”); (h) registers for the JEWELRY LOVE CLUB Rewards Program (which is subject to the Rewards Program Terms, which can be accessed here) (“Rewards Program”); (i) obtains information regarding employment opportunities with Alex and Ani® (“Career Opportunities”); (j) accesses certain promotions, contests and/or sweepstakes offered by Alex and Ani® by and through the Site, and otherwise, from time to time (collectively, “Promotions”); (k) submits Product reviews in connection with the Rewards Program and otherwise (collectively, “Reviews”); and/or (l) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Alex and Ani® (collectively, the “Contact Services,” and together with the Site, Content, Products, Gift Cards, Newsletter, Mobile Message Service, Social Media Pages, Rewards Program, Career Opportunities, Promotions and Reviews, the “Site Offerings”).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST ALEX AND ANI®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Facebook® and Instagram® are registered trademarks of Meta Platforms, Inc. (“Meta”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). TikTok® is a registered trademark of ByteDance Ltd. (“TikTok”). Tumblr® is a registered trademark of Tumblr, Inc. (“Tumblr”). X® is a registered trademark of X Corp (“X”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that Alex and Ani® is not in any way affiliated with Google, LinkedIn, Meta, Pinterest, TikTok, Tumblr or X, and the Site Offerings are not endorsed, administered or sponsored by any of those parties.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between users and Alex and Ani® with respect to users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
2. Requirements; Termination of Access to the Site Offerings; Necessary Equipment. The Site Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Site Offerings.
To the extent permitted by applicable law, Alex and Ani® may terminate your right to access the Site Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Site Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.
You are responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. Alex and Ani® does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Alex and Ani® does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and Alex and Ani® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
3. Registration Forms. In order to purchase Products, purchase Gift Cards, register for the Newsletter, register for the Rewards Program, apply for a Career Opportunity and/or utilize certain other Site Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation (for you or the individual whom you are purchasing for where purchasing products): (a) full name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) credit/debit card information (where purchasing Products and/or Gift Cards); (f) birthdate; (g) resume (where applying for a Career Opportunity); and/or (h) any other information requested by us on the applicable registration Form (collectively, “Registration Data”).
You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Alex and Ani’s® use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please click here.
4. Payments. You can purchase Products and/or Gift Cards by and through the Site by completing the applicable Form and providing the requisite Registration Data. Upon completing the applicable Form associated with the purchase of the Product(s) and/or Gift Card(s) that you have added to your shopping cart, and upon providing the requisite Registration Data, your Payment Method (as defined below) will be charged the applicable purchase price for the Product(s) and/or Gift Card(s), plus shipping and handling and applicable sales tax. For purposes of the Agreement, “Payment Method” shall mean your designated credit/debit card, your Afterpay® account, your Amazon Pay® account, your Google Pay® account, your Klarna® account, your PayPal® account and/or your Shop Pay® account. Please note, the Gift Cards shall at all times be subject to additional terms, conditions and restrictions. UNLESS OTHERWISE INDICATED, AND SUBJECT TO THE RETURNS POLICY SET FORTH BELOW, ALL SALES ARE FINAL AND NON-REFUNDABLE.
The fees associated with your purchases will appear on your Payment Method statement through the identifiers “ALEX AND ANI” or “ALEXANI,” as applicable. All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use Products and/or Gift Cards does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Alex and Ani® in effect at any given time. Upon reasonable prior notice to you (with Site-updates and/or e-mail sufficing), Alex and Ani® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Purchase of Products and/or Gift Cards after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Electronic Signatures: Alex and Ani’s® authorization to provide and bill for the Products and Gift Cards is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Alex and Ani’s® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign Act”). Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.
Afterpay® is a registered trademark of Afterpay US, Inc. and Afterpay US Services, LLC (“Afterpay”). Amazon Pay® is a registered trademark of Amazon.com, Inc. (“Amazon”). Google Pay® is a registered trademark of Google. Klarna® is a registered trademark of Klarna Inc. (“Klarna”). PayPal® is a registered trademark of PayPal, Inc. (“PayPal”). Shop Pay® is a registered trademark of Shopify, Inc. (“Shopify”). Please be advised that Alex and Ani® is not in any way affiliated with Afterpay, Amazon, Google, Klarna, PayPal or Shopify, and the Site Offerings are not endorsed, administered or sponsored by any of those parties.
5. Product Returns. Once a Product order is submitted by you, the order will be processed promptly. Therefore, Product orders cannot be changed once they are submitted by you. However, please keep in mind that orders may take up to three (3) to five (5) business days before they are shipped. All refunds will be credited for the original amount paid, less shipping fees and discounts (except in the case of an incorrect shipment, in which case you will receive a full credit for shipping fees as well).
If you are not completely satisfied with your Product purchase, you may exchange it for a Site credit or refund within thirty (30) days from the date of your receipt of your purchase; provided, however, that clearance sale items are not eligible for return.
In order to initiate a successful return, the applicable Product must: (a) be unworn; (b) in the original packaging with the UPC label attached; and (c) accompanied by the original packing slip or sales order number.
To begin the Product return process and receive an electronic prepaid return label, please contact our Alex and Ani® Customer Service Team at customerservice@alexandani.com. Please note, prepaid return labels are sent via email only and must be printed by you for use. Alex and Ani® does not have the option to mail you a return label. For orders shipping to Canada, return shipping costs are paid by you due to custom fees. Our return address can be found on the invoice included in the Product Packaging.
Once your return has been received, please allow up to fourteen (14) business days to be processed. During holiday times, processing times may take longer. You will receive a confirmation email when the return is completed. It may take an additional billing cycle to see the funds reflect on your Payment Method billing statement.
No returns will be accepted: (i) after thirty (30) days have elapsed from the date that you received the applicable Product; or (ii) without the UPC label attached to the applicable Product; provided, however, that If the item is returned within thirty (30) days from receipt of same, but without the UPC tag attached or appropriate packaging, an E-Gift Card will be issued in lieu of a refund.
Products that are purchased from the Site cannot be refunded in physical Alex and Ani® retail stores. Such Products may, however, be exchanged at Alex and Ani® retail stores for other merchandise or in-store credits.
6. Product Descriptions; Limited Availability; Order Cancellation by Alex and Ani®. Alex and Ani® attempts to be as accurate as possible when describing the Products. However, Alex and Ani® does not warrant that the Product descriptions (or other Content contained on the Site) are accurate, complete, reliable, current or error-free. If the Products offered on the Site are not as described, your sole remedy is to return the Products. We have made every effort to display as accurately as possible the colors of the Products that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate.
In the event that a Product is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, Alex and Ani® shall have the right to refuse or cancel any orders placed for that Product so listed at the incorrect price. Alex and Ani® shall have the right to limit the number of items purchased through the Site. Alex and Ani® shall have the right to refuse or cancel any order whether or not the order has been confirmed and your Payment Method charged. If your Payment Method has already been charged for the purchase and your order is canceled, Alex and Ani® shall immediately issue a credit to your Payment Method account in the amount of the charge.
Alex and Ani® reserves the right to limit the quantity of Products purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. Alex and Ani® also reserves the right, in its sole and absolute discretion, to prohibit Product sales to dealers or resellers. Reselling is hereby defined as purchasing or intending to purchase any Product(s) from Alex and Ani® for the purpose of engaging in a commercial sale of that same Product(s) with a third party. Alex and Ani® shall have the right to refuse or cancel any order at any time. If your Payment Method has already been charged for the purchase and your order is cancelled, Alex and Ani® shall issue a credit to your Payment Method account in the amount charged.
7. Content. The Site contains Content which includes, but is not limited to, Reviews, text, audio, video, photographs, graphics, artwork, testimonials and other information about Alex and Ani® and/or the Site Offerings. The Content is compiled, distributed and displayed by Alex and Ani®, as well as third-party content providers (collectively, “Third-Party Providers”). Alex and Ani® does not control the Content provided by Third-Party Providers that is made available by and through the Site Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. Alex and Ani® does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Alex and Ani® will not be responsible for, and Alex and Ani® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Alex and Ani® shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.
8. Reviews.
(a) From time-to-time Alex and Ani® may solicit and/or accept customer Product Reviews through the Site, or through other media/venues. We have no obligation to police or otherwise screen Reviews; provided that, we may accept or reject Reviews (and remove any Review previously published) for any reason, in our sole discretion. We do not endorse any Reviews and Reviews do not necessarily represent our opinions or views.
(b) By sending us your Review, you irrevocably grant Alex and Ani® the right to use the Review in any and all forms of marketing and promotional material including, without limitation, website publications, print advertisements (“ads”), online ads, television ads, radio ads, interactive media, as well as extracts and reproductions of any portion thereof, and for any and all other uses. If you submit a Review, you acknowledge and agree that you are not: (i) an employee, officer or director of Alex and Ani®; (ii) an immediate family member of an employee, officer or director of Alex and Ani®; or (iii) living in the same household with an employee, officer or director of Alex and Ani®. You understand and agree that the Review, in whole or in part, may be edited and/or dramatized, and that any part of the Review may be used without compensation to you. You agree that no ad or other material incorporating or making reference to the Review need be submitted to you for approval and Alex and Ani® shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Review. You expressly release Alex and Ani® from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad or promotion utilizing or incorporating the Review, or any other use of the Review whatsoever. You acknowledge and agree that Alex and Ani® shall not be liable for any causes of action or claims related to your decision to provide the Review to Alex and Ani®.
(c) Where you receive free Products, Rewards Program rewards/points and/or any other form of compensation in connection with submitting a Review, you shall ensure that, at all times, you fully comply with: (i) the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials and Native Advertising: A Guide for Businesses (collectively, the “FTC Guidelines”); (ii) the FTC’s Disclosures 101 for Social Media Influencers; (iii) the FTC’s Do's and Don'ts for Social Media Influencers; and (iv) the FTC’s Do you endorse things on social media? (collectively, the “Endorsement Guides”). Without limiting your obligations to comply with the Endorsement Guides, you must clearly and conspicuously disclose your “material connection” with Alex and Ani®, using simple and clear language, that you have received financial compensation and/or free Products, as applicable, in connection with submitting a Review.
(d) You agree that you are solely responsible for the content of your Review(s). You certify to Alex and Ani® that everything contained in the Review is true and an expression of your personal belief. You acknowledge and agree that at no time did Alex and Ani® provide you with any consultation, advice or guidance with respect to the substance of the Review. You agree to comply with all applicable laws and regulations in connection with your Review(s). You may not post a Review if you, or a member of your household, is employed by a competitor of Alex and Ani®. You may not organize a campaign or otherwise encourage others to post a Review, whether positive or negative.
(e) Without limiting the foregoing, you agree not to: (i) display any telephone numbers, street addresses, last names, e-mail addresses or any confidential information of any third party; (ii) include any text containing confidential information of any third party; (iii) include any text that may be deemed indecent, offensive, harmful or obscene in your community, as defined under applicable law; (iv) include any text that may be deemed libelous, defamatory, false or misleading; (v) include any text that may be deemed hate speech and/or material that discriminates on the basis of race, ethnicity, gender, age, disability, religion, marital status or sexual orientation; (vi) impersonate any person or entity; (vii) “stalk” or otherwise harass any person; (viii) express or imply that any statements you make are endorsed by Alex and Ani®; and/or (ix) include any copyrighted material, trademarks or other proprietary information of any third party without obtaining the prior consent of the owner of such proprietary rights. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement. Alex and Ani® reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.
9. Rewards Program. Where you register, provide the requisite Registration Data, and are approved by us, you can earn various rewards by participating in our Rewards Program. Your participation in the Rewards Program shall be governed by the Rewards Program Terms, which can be accessed here. You understand and agree that Alex and Ani® is not responsible or liable in any manner whatsoever for your participation in, or inability to join, the Rewards Program. You understand and agree that Alex and Ani® shall not be liable to you or any third-party for any modification, suspension or discontinuation of the Rewards Program.
10. Mobile Message Service. The Mobile Message Service enables users to register to receive SMS text message updates from Alex and Ani® regarding the Products, Promotions, special offers and other Site Offerings. The SMS Program shall be subject, at all times, to the SMS Program Rules, which can be found here.
Without limiting the foregoing, you can opt-out of the Mobile Message Service at any time by texting the single keyword command “STOP” to 35706 or clicking the unsubscribe link (where available) in any Mobile Message Service text message. You understand and agree that Alex and Ani® is not responsible or liable in any manner whatsoever for your participation in, or inability to join, the Rewards Program. You understand and agree that Alex and Ani® shall not be liable to you or any third-party for any modification, suspension or discontinuation of the Rewards Program.
11. Promotions. From time-to-time, we offer Promotions by and through the Site. By providing true and accurate information in connection with the applicable Promotion registration form(s) and agreeing to the rules applicable to each Promotion, you can obtain, or attempt to obtain, a chance to obtain discounts, promotional items, coupons, prizes and other awards offered in connection with each Promotion, if any. You understand and agree that Alex and Ani® shall not be liable to you or any third party for any claim in connection with your participation in any of the Promotions.
12. Social Media Pages. The Site contains links to the various Alex and Ani® Social Media Pages. The Social Media Pages are hosted and made available on the applicable Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Alex and Ani® shall not be liable to you, any other end-user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
13. Representations and Warranties. Each user hereby represents and warrants to Alex and Ani® as follows: (a) the Agreement constitutes the legal, valid and binding obligation of user, which is fully enforceable against such user in accordance with its terms; (b) user understands and agrees that user has independently evaluated the desirability of utilizing the Site Offerings and that user has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) the execution, delivery and performance of the Agreement by user will not conflict with or violate: (i) any applicable law; (ii) any order, judgment or decree applicable to user; and/or (iii) any agreement or other instrument applicable to user.
14. Indemnification. Each user agrees to indemnify, defend and hold Alex and Ani®, its officers, directors, employees, agents and attorneys, as well as the Covered Parties, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that user and any third party(ies); (b) that user’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that user’s unauthorized and/or improper use of the Site Offerings. The provisions of this Section 14 are for the benefit of Alex and Ani®, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against users on its own behalf.
15. License Grant. Each user is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Alex and Ani® may terminate this license at any time for any reason. Unless otherwise expressly authorized by Alex and Ani®, users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No user or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Alex and Ani®. No user or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No user or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No user or other third party may use the Site Offerings in conjunction with any other third-party content. No user or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Alex and Ani®. Each user further agrees to indemnify and hold Alex and Ani® harmless for that user’s failure to comply with this Section 15. Alex and Ani® reserves any rights not explicitly granted in the Agreement.
16. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any user or other third party of any part of the Site Offerings is strictly prohibited. No user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “Alex and Ani” and “Alex + Ani” names and logos, and all associated graphics, icons and service names, are trademarks of MLLG, LLC. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.
17. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Alex and Ani® will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
18. Disclaimer of Warranties. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ALEX AND ANI® MAKES NO WARRANTY THAT THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; OR (D) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ALEX AND ANI® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM ALEX AND ANI® OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
19. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT ALEX AND ANI® SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALEX AND ANI® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE OR OTHER SITE OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; AND/OR (E) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES ALEX AND ANI® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF ALEX AND ANI® TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE THOUSAND DOLLARS ($1,000.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR ALEX AND ANI® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND ALEX AND ANI®. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF ALEX AND ANI® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. Third Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites. Alex and Ani® does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Alex and Ani® of the applicable website or any association with the website’s operators. Because Alex and Ani® has no control over such websites and/or resources, each user agrees that Alex and Ani® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any user’s data privacy by third parties. Each user further agrees that Alex and Ani® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
21. Editing, Deleting and Modification. Alex and Ani® reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.
22. Use of Registration Data. All material submitted by users through or in association with the Site Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please click here.
23. Copyright Policy/DMCA Compliance. Alex and Ani® reserves the right to terminate the account of any user who infringes upon third-party copyrights. If any user or other third-party believes that a copyrighted work has been copied and/or posted via the Site Offerings in a way that constitutes copyright infringement, that party should provide Alex and Ani® with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Alex and Ani’s® Copyright Agent for notice of claims of copyright infringement is as follows:
Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40th Floor
New York, NY 10123
info@kleinmoynihan.com
Fax: (212) 216-9559
24. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Site Offerings, the Agreement and/or any other aspect of the relationship between the parties (and Covered Parties). Without limiting the foregoing, should a dispute arise concerning the Site Offerings, the terms and conditions, the Agreement or the breach of same by any party hereto or any other aspect of the relationship between the parties (and Covered Parties): (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration, applying the substantive laws of the State of New York, before JAMS, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that Alex and Ani® reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Alex and Ani® that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must: (i) provide Alex and Ani® with proof that you accessed the Site and provided consent to the Agreement; and, thereafter (ii) submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
25. California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at (916) 445-1254 or (800) 952-5210; or by email to dca@dca.ca.gov.
26. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and: (a) any Promotion Rules, insofar as a Promotion is concerned, the applicable Promotion Rules shall govern; (b) the Mobile Service Terms, insofar as the Mobile Message Service is concerned, the Mobile Service Terms shall govern; and (c) the Rewards Program Rules, insofar as the Rewards Program is concerned, the Rewards Program Rules shall govern. Alex and Ani’s® failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Alex and Ani® may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
27. Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of Alex and Ani®, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Site, or you can e-mail us at: customerservice@alexandani.com; call us at: (401) 633-1486; or send us U.S. Mail to: LMGL, LLC, Attn: Customer Service, 3 E Evergreen Rd., Suite 101 PMB 923, New City, NY 10956.
Mobile Terms of Service (Last updated: May 16, 2024)
The ALEX AND ANI mobile message service (the "Service") is operated by ALEX AND ANI (“ALEX AND ANI”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to ALEX AND ANI’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of ALEX AND ANI through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, product launches, abandoned cart, site browse abandonment, sales, special offers, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with ALEX AND ANI. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to 35706 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other ALEX AND ANI mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to 35706 or email customerservice@alexandani.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.