Vaarya® requires that all visitors ("you") to its site, at Vaarya®, agree to all of the terms in this Terms of Use (the "Terms”). By accessing and using the Site, you indicate your acknowledgement and acceptance of these Terms. As used in this Agreement, "we," "our," and "us" means Vaarya®, unless otherwise indicated.
1. Binding Agreement
You must read, agree with and accept all of the terms and conditions contained in these Terms and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, Use or accessing the Site constitutes an agreement to these Terms. By using or accessing this Site, you do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. We reserve the right, at our discretion, to update or revise these Terms. Please check the Terms periodically for changes. Your continued use of this Site following the posting of any changes to the Terms constitutes acceptance of those changes. If you do not agree to be bound by the terms and conditions of these Terms, do not use or access our services.
2. Registration Information
To use the Site, you may be prompted to complete a registration process. During the registration process, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the forms, (ii) to maintain and update this information to keep it true, accurate, current and complete, and (iii) notify us immediately of any unauthorized use of your account or any other breach of security or change to your account to avoid liability for any unauthorized charges to your account. If any information provided by you during the registration process is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the services. You are responsible for ensuring that all use of the Site under your account (i.e., use of the Site by any person using your user ID and password) complies with the provisions of this Agreement. You are responsible for maintaining the confidentiality of your password.
3. Pricing
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product or service is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
4. Availability of Product
We cannot guarantee that a product listed as available will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may go out of stock before we post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
5. Merchandise Display
Vaarya® has done its best to display as accurately as possible its merchandise shown on the Site. However, because the colors you see will depend on your computer monitor, such as the display and color capabilities of your computer monitor, we cannot guarantee that your monitor's display of any color, size, texture or detail of the merchandise will be accurate. As each product is taken individually, products have not been sized relative to each other.
6. Information—Weight Variance
Please be advised that any gemstone weight as listed on the Site will vary in accordance to the table below. In addition, where gemstone weights are determined by measuring stones already set in jewelry, they are approximate, to the best of our knowledge, and not guaranteed. For diamond jewelry set with multiple diamonds, we provide the minimum total cart weight for the piece. Color and clarity grades are expressed as an average depending on the number of diamonds, where collectively the quality is approximately equal to the grade stated.
Weight Ranges
Carat total weight min carat weight max carat weight
1/10 0.09 0.12
1/5 0.18 0.22
1/4 0.23 0.28
1/3 0.30 0.35
3/8 0.37 0.42
1/2 0.46 0.55
5/8 0.59 0.67
3/4 0.71 0.79
1 0.96 1.08
1 1/4 1.22 1.32
1 1/2 1.45 1.59
1 3/4 1.70 1.85
2 1.95 2.10
2 1/2 2.45 2.60
3 2.95 3.10
7. User Errors
Vaarya® and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Vaarya® and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by you or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
8. Conflict Free Diamonds
All diamonds sold by Vaarya® are conflict free. Our rough diamonds are purchased only from authorized sources which are certified by the Kimberly Process, an international system that requires all US diamond retailers to buy diamonds from manufacturers who have documentation warranting that the merchandise was obtained through legitimate channels.
9. Fees
You are responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Site under your account, including processing fees and payment for purchases made through the Site. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card; and (ii) all fees and charges are non-refundable, except as permitted under these Terms.
Any credit card chargebacks will result in immediate suspension of your account until you pay the original non-discounted fee for the product or service, plus an additional $25 processing fee.
10. Credit Card Fraud
If you use another person's credit or debit card to purchase any product or service offered via the Site, and if the card number is processed by our system, and if the payment is charged back against us, and if the cardholder later indicates that your use of their card to make the purchase was without authorization, then you acknowledge using computers and computer networks located in New Jersey (USA) to make such unauthorized transactions, and:
You irrevocably: (i) submit to personal jurisdiction and venue in the Circuit and District Courts of New Jersey (USA), (ii) you waive any defense based on lack of personal jurisdiction or improper forum or venue, (iii) you consent to service of process by first class mail, fax transmission and/or email to your address registered with us, and (iv) you agree to pay all costs and expenses of enforcement, including attorney fees of not less than $1,000 per unauthorized purchase or transaction, or as otherwise determined by the Court, plus court costs and expenses of litigation.
11. Changes
Vaarya® reserves the right, at any time, to (i) change the Site, including eliminating or discontinuing any content, product or feature available via the Site or (ii) restricting the hours of availability or limiting the amount of use permitted by you. All changes shall be effective immediately upon notice. Any use of the Site under your account after such notice shall be deemed to constitute acceptance by you of the changes. You agree that Vaarya® shall not be liable to you or to any third party for any modification, suspension, discontinuance of the Site, in whole or in part, of any content, featured product offered through the Site.
12. Site Content
The contents of this Site, such as text, graphics, designs, logos, trademarks, editorial content, references to technologies & processes, data, formatting, HTML, look and feel, sounds, videos, images, logos, button icons, software and other contents (altogether, the "Material"), are protected under both United States and foreign copyright, patent, trademark and other laws. All Material is the property of Vaarya® or other third parties. The compilation (meaning the collection, arrangement, enhancement and assembly) of all content on this Site is the exclusive property of Vaarya® and protected by U.S. and international copyright laws.
"Vaarya® Trademarks" shall mean any trademarks, trade dresses, service marks, slogans, logos, designs or other means of distinction used by Vaarya® to designate the source of its goods or services from time to time, which includes “Vaarya®,” “Vaarya®” and the Vaarya® logos. Vaarya® Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Vaarya®.
13. Limited License
Except as expressly permitted by this Agreement, you may not copy, reproduce, publish, retransmit or redistribute Materials, in whole or in part, in any manner, without our express written permission. You may download or make copies of Materials solely for your own personal use, provided that you preserve any copyright or other notices contained in or associated with them. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other website or in a networked computer environment for any purpose. You may not collect and use any product listings, pictures or descriptions for commercial purposes. Any actions by you which cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything, or anything else which minimizes, covers, or frames or inhibits the full display of our Site is prohibited. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Vaarya® is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
14. User Materials
You shall be responsible for, and assumes all liability associated with, any material made available via the Site under your account, including liability for claims of infringement, libel and slander. You shall not post, transmit through or otherwise make available via the Site (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of Vaarya®, any advertising or any solicitation with respect to products or services. Although Vaarya® does not and cannot review every message posted by you on the Site, Vaarya® shall be under no obligation to permit any material posted or transmitted by you to remain on the Site, and may refuse to display or remove from the Site any material which Vaarya®, in the exercise of its sole discretion, believes violates these Terms.
Vaarya® is under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Vaarya® takes no responsibility and assumes no liability for any User Material posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Vaarya® liable for any mistakes, defamation, slander, libel, omission, falsehoods, obscenity, pornography or profanity you may encounter. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Vaarya® WITH RESPECT THERETO.
Material authored by you or a user authorized by you under these Terms ("User Material") that is posted, transmitted through or otherwise made available on the Site by the you in public posting areas shall be considered to be in the public domain, and may be copied, published, distributed or otherwise used by Vaarya® (or another users or 3rd parties) for any purpose without your permission. Vaarya® is not responsible for the information you choose to include in your User Material, and therefore, should you choose to include any personally identifiable information in your User Material, it can be viewed and used by others You acknowledge that any User Material posted, transmitted through or otherwise made available on the Site may be edited, removed, modified, published, transmitted and displayed by Vaarya®, and you waive all moral rights in such User Material.
15. No Endorsement
Vaarya® shall not be responsible for any opinions, views, advice or statements posted on the Site by any person or entity other than an authorized Vaarya® spokesperson. Site users ARE NOT authorized Vaarya® spokespersons. At no time should the opinions, views, advice or statements provided by other users be relied upon for important personal decisions without independent verification.
16. Web Security Rules
You may not violate or attempt to violate the security of the Site or use the Site to violate the security of other sites by any method, including, without limitation: (i) accessing data not intended for you or logging into a server or account which you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (iv) forging any Site packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Vaarya® may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
17. Specific Prohibitive Use
The Site may be used only for lawful purposes. Vaarya® specifically prohibits any use of the Site, and all users agree not to use the Site, for any of the following:
posting or providing any incomplete, false or inaccurate information;
using the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Site;
using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site;
taking any action which imposes an unreasonable or disproportionately large load on this Site's infrastructure;
notwithstanding anything to the contrary contained herein, using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site;
attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
using any meta tags or any other “hidden text” utilizing Vaarya®’s name, trademarks or other proprietary information; and
framing of or linking to any of the materials or information available from the Site.
Vaarya® does not tolerate inappropriate use of the site or fraudulent activity. This will result in your account being deleted.
18. Third Party Sites
The Site may link, or permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site or another feature of the Site. When you access third party websites, you do so at your own risk. These other websites are not under Vaarya®’s control, and you acknowledge that Vaarya® is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Vaarya® or any association with its operators. You further acknowledge and agree that Vaarya® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
19. No Confidentiality
Vaarya® is pleased to hear from you and welcomes your comments regarding our products and services. Vaarya®'s longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Vaarya®'s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Vaarya® may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Vaarya®. Vaarya® is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Vaarya® has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Vaarya® or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Vaarya® takes no responsibility and assumes no liability for any Comments posted by your or any third party.
20. Indemnification
You agree to defend, indemnify and hold harmless Vaarya®, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Material you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Vaarya® 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 or your violation of the rights of any third party.
21. Privacy Policy
Click here to view our Privacy Policy.
22. Force Majeure
Vaarya® is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, war, terrorism, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under these Terms.
23. Metal allergies and assumption of risk
Most of our products contain metal. Some people have been known to have an allergic reaction to certain types of metals, such as nickel, which may be included in gold jewelry. With some people this reaction is severe. Without limitation, you agree to assume all risk associated with the use (whether by you or third parties) of any of the products your purchased on Vaarya®’s Site.
24. Disclaimers and Limitations of Liability
YOU AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Vaarya®, ITS MERCHANTS, CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Vaarya® OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE PRODUCTS. THE SERVICE AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE; AND Vaarya® HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS MERCHANTS, CONTENT PROVIDERS SUCH OTHER PERSONS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSIONS, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOUR SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE ARISING FROM THE SITE SHALL BE TO TERMINATE YOUR ACCOUNT OR THE RETURN POLICY AS SET FORTH ABOVE.
IN NO EVENT SHALL Vaarya®, ITS MERCHANTS, REPRESENTATIVES, AGENTS OR LICENSORS BY LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY Vaarya® OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Vaarya®, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Vaarya®'S RECORDS, PROGRAMS OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
25. Notice
Vaarya® may give notices to you, at Vaarya®'s option, by posting a message on the Site, by electronic or conventional mail or by any other means by which you obtain actual knowledge thereof. Notices by you to Vaarya® must be given by electronic or conventional mail. Notices to Vaarya® by electronic mail must be sent to sales@Vaarya®.com. Notices to Vaarya® by conventional mail must be sent to: Vaarya®, 181 Berkley Ave, Belle Mead, NJ 08502. Notices by you to Vaarya® will not change the terms of these Terms or any Vaarya® operating rule, unless an authorized officer of Vaarya® expressly accepts the change in writing.
26. Termination
Either Vaarya® or you may terminate these Terms and your account at any time, with or without cause. In the event you are dissatisfied with the Site for any reason whatsoever, the only right available to you is to terminate your account by contacting Vaarya® pursuant to these Terms. Vaarya® may suspend or terminate your account, without notice, in the event of any breach by you of these Terms or for other conduct by you which Vaarya®, in its sole discretion, considers to be unacceptable. Suspension or termination of your account means that the Site will no longer be accessible to you. Vaarya® shall not be responsible for any consequences of such lack of access. The provisions of these Terms will survive the termination of these Terms or your account, whether by Vaarya® or you. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
27. International Users
The Site is hosted in the United States and is intended for and directed to users in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which are governed by U.S. law, these Terms of Use, and our Privacy Policy, you are transferring your personal information to the United States and you consent to that transfer.
28. Children Under 13
The Website is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at sales@Vaarya®.com. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.
29. Governing Law; Forum for Disputes
Any controversy or claim relating to this Site, the Material, the User Material or these Terms not otherwise resolved between you and Vaarya® will be resolved in a cost effective manner through binding non-appearance-based arbitration conducted in New Jersey. Party shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Any claim or cause of action that you may have with respect to this Site, the Material, the User Materials or these Terms must be commenced within one (1) year after the claim or cause of action arises or it will be forever barred. Notwithstanding anything to the contrary, any action or proceeding by Vaarya® relating to your access to, or use of, this Site or any Material in accordance with this paragraph may be instituted by Vaarya® in state or federal court in New Jersey. Accordingly, you consent to the personal jurisdiction of the courts in New Jersey with respect to all matters relating to your access to or use of this Site and the Material and waive your rights to removal or consent to removal. These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. In the event Vaarya® seeks injunctive relief, Vaarya® shall be able to seek such injunctive relief without the necessity of posting a bond or proving the inadequacy of damages, and be entitled to the reimbursement of all costs and expenses (including reasonable attorneys fees) incurred in connection with the enforcement of the foregoing right.
30. Miscellaneous
These Terms, the Privacy Policy and the Return Policy constitute the entire and only agreement between Vaarya® and you with respect to the Site, and supersede all other communications and agreements with respect to the subject matter hereof. Vaarya® may modify these Terms from time to time upon notice, as described above. The provisions of these Terms are for the benefit of Vaarya®, and its respective employees, agents and licensors and, as such, each shall have the right to assert and enforce such provisions directly on its own behalf. If any provision of these Terms is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
1. Binding Agreement
You must read, agree with and accept all of the terms and conditions contained in these Terms and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, Use or accessing the Site constitutes an agreement to these Terms. By using or accessing this Site, you do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. We reserve the right, at our discretion, to update or revise these Terms. Please check the Terms periodically for changes. Your continued use of this Site following the posting of any changes to the Terms constitutes acceptance of those changes. If you do not agree to be bound by the terms and conditions of these Terms, do not use or access our services.
2. Registration Information
To use the Site, you may be prompted to complete a registration process. During the registration process, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the forms, (ii) to maintain and update this information to keep it true, accurate, current and complete, and (iii) notify us immediately of any unauthorized use of your account or any other breach of security or change to your account to avoid liability for any unauthorized charges to your account. If any information provided by you during the registration process is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the services. You are responsible for ensuring that all use of the Site under your account (i.e., use of the Site by any person using your user ID and password) complies with the provisions of this Agreement. You are responsible for maintaining the confidentiality of your password.
3. Pricing
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product or service is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
4. Availability of Product
We cannot guarantee that a product listed as available will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may go out of stock before we post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
5. Merchandise Display
Vaarya® has done its best to display as accurately as possible its merchandise shown on the Site. However, because the colors you see will depend on your computer monitor, such as the display and color capabilities of your computer monitor, we cannot guarantee that your monitor's display of any color, size, texture or detail of the merchandise will be accurate. As each product is taken individually, products have not been sized relative to each other.
6. Information—Weight Variance
Please be advised that any gemstone weight as listed on the Site will vary in accordance to the table below. In addition, where gemstone weights are determined by measuring stones already set in jewelry, they are approximate, to the best of our knowledge, and not guaranteed. For diamond jewelry set with multiple diamonds, we provide the minimum total cart weight for the piece. Color and clarity grades are expressed as an average depending on the number of diamonds, where collectively the quality is approximately equal to the grade stated.
Weight Ranges
Carat total weight min carat weight max carat weight
1/10 0.09 0.12
1/5 0.18 0.22
1/4 0.23 0.28
1/3 0.30 0.35
3/8 0.37 0.42
1/2 0.46 0.55
5/8 0.59 0.67
3/4 0.71 0.79
1 0.96 1.08
1 1/4 1.22 1.32
1 1/2 1.45 1.59
1 3/4 1.70 1.85
2 1.95 2.10
2 1/2 2.45 2.60
3 2.95 3.10
7. User Errors
Vaarya® and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Vaarya® and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by you or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
8. Conflict Free Diamonds
All diamonds sold by Vaarya® are conflict free. Our rough diamonds are purchased only from authorized sources which are certified by the Kimberly Process, an international system that requires all US diamond retailers to buy diamonds from manufacturers who have documentation warranting that the merchandise was obtained through legitimate channels.
9. Fees
You are responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Site under your account, including processing fees and payment for purchases made through the Site. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card; and (ii) all fees and charges are non-refundable, except as permitted under these Terms.
Any credit card chargebacks will result in immediate suspension of your account until you pay the original non-discounted fee for the product or service, plus an additional $25 processing fee.
10. Credit Card Fraud
If you use another person's credit or debit card to purchase any product or service offered via the Site, and if the card number is processed by our system, and if the payment is charged back against us, and if the cardholder later indicates that your use of their card to make the purchase was without authorization, then you acknowledge using computers and computer networks located in New Jersey (USA) to make such unauthorized transactions, and:
You irrevocably: (i) submit to personal jurisdiction and venue in the Circuit and District Courts of New Jersey (USA), (ii) you waive any defense based on lack of personal jurisdiction or improper forum or venue, (iii) you consent to service of process by first class mail, fax transmission and/or email to your address registered with us, and (iv) you agree to pay all costs and expenses of enforcement, including attorney fees of not less than $1,000 per unauthorized purchase or transaction, or as otherwise determined by the Court, plus court costs and expenses of litigation.
11. Changes
Vaarya® reserves the right, at any time, to (i) change the Site, including eliminating or discontinuing any content, product or feature available via the Site or (ii) restricting the hours of availability or limiting the amount of use permitted by you. All changes shall be effective immediately upon notice. Any use of the Site under your account after such notice shall be deemed to constitute acceptance by you of the changes. You agree that Vaarya® shall not be liable to you or to any third party for any modification, suspension, discontinuance of the Site, in whole or in part, of any content, featured product offered through the Site.
12. Site Content
The contents of this Site, such as text, graphics, designs, logos, trademarks, editorial content, references to technologies & processes, data, formatting, HTML, look and feel, sounds, videos, images, logos, button icons, software and other contents (altogether, the "Material"), are protected under both United States and foreign copyright, patent, trademark and other laws. All Material is the property of Vaarya® or other third parties. The compilation (meaning the collection, arrangement, enhancement and assembly) of all content on this Site is the exclusive property of Vaarya® and protected by U.S. and international copyright laws.
"Vaarya® Trademarks" shall mean any trademarks, trade dresses, service marks, slogans, logos, designs or other means of distinction used by Vaarya® to designate the source of its goods or services from time to time, which includes “Vaarya®,” “Vaarya®” and the Vaarya® logos. Vaarya® Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Vaarya®.
13. Limited License
Except as expressly permitted by this Agreement, you may not copy, reproduce, publish, retransmit or redistribute Materials, in whole or in part, in any manner, without our express written permission. You may download or make copies of Materials solely for your own personal use, provided that you preserve any copyright or other notices contained in or associated with them. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other website or in a networked computer environment for any purpose. You may not collect and use any product listings, pictures or descriptions for commercial purposes. Any actions by you which cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything, or anything else which minimizes, covers, or frames or inhibits the full display of our Site is prohibited. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Vaarya® is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
14. User Materials
You shall be responsible for, and assumes all liability associated with, any material made available via the Site under your account, including liability for claims of infringement, libel and slander. You shall not post, transmit through or otherwise make available via the Site (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of Vaarya®, any advertising or any solicitation with respect to products or services. Although Vaarya® does not and cannot review every message posted by you on the Site, Vaarya® shall be under no obligation to permit any material posted or transmitted by you to remain on the Site, and may refuse to display or remove from the Site any material which Vaarya®, in the exercise of its sole discretion, believes violates these Terms.
Vaarya® is under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Vaarya® takes no responsibility and assumes no liability for any User Material posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Vaarya® liable for any mistakes, defamation, slander, libel, omission, falsehoods, obscenity, pornography or profanity you may encounter. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Vaarya® WITH RESPECT THERETO.
Material authored by you or a user authorized by you under these Terms ("User Material") that is posted, transmitted through or otherwise made available on the Site by the you in public posting areas shall be considered to be in the public domain, and may be copied, published, distributed or otherwise used by Vaarya® (or another users or 3rd parties) for any purpose without your permission. Vaarya® is not responsible for the information you choose to include in your User Material, and therefore, should you choose to include any personally identifiable information in your User Material, it can be viewed and used by others You acknowledge that any User Material posted, transmitted through or otherwise made available on the Site may be edited, removed, modified, published, transmitted and displayed by Vaarya®, and you waive all moral rights in such User Material.
15. No Endorsement
Vaarya® shall not be responsible for any opinions, views, advice or statements posted on the Site by any person or entity other than an authorized Vaarya® spokesperson. Site users ARE NOT authorized Vaarya® spokespersons. At no time should the opinions, views, advice or statements provided by other users be relied upon for important personal decisions without independent verification.
16. Web Security Rules
You may not violate or attempt to violate the security of the Site or use the Site to violate the security of other sites by any method, including, without limitation: (i) accessing data not intended for you or logging into a server or account which you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (iv) forging any Site packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Vaarya® may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
17. Specific Prohibitive Use
The Site may be used only for lawful purposes. Vaarya® specifically prohibits any use of the Site, and all users agree not to use the Site, for any of the following:
posting or providing any incomplete, false or inaccurate information;
using the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Site;
using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site;
taking any action which imposes an unreasonable or disproportionately large load on this Site's infrastructure;
notwithstanding anything to the contrary contained herein, using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site;
attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
using any meta tags or any other “hidden text” utilizing Vaarya®’s name, trademarks or other proprietary information; and
framing of or linking to any of the materials or information available from the Site.
Vaarya® does not tolerate inappropriate use of the site or fraudulent activity. This will result in your account being deleted.
18. Third Party Sites
The Site may link, or permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site or another feature of the Site. When you access third party websites, you do so at your own risk. These other websites are not under Vaarya®’s control, and you acknowledge that Vaarya® is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Vaarya® or any association with its operators. You further acknowledge and agree that Vaarya® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
19. No Confidentiality
Vaarya® is pleased to hear from you and welcomes your comments regarding our products and services. Vaarya®'s longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Vaarya®'s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Vaarya® may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Vaarya®. Vaarya® is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Vaarya® has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Vaarya® or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Vaarya® takes no responsibility and assumes no liability for any Comments posted by your or any third party.
20. Indemnification
You agree to defend, indemnify and hold harmless Vaarya®, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Material you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Vaarya® 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 or your violation of the rights of any third party.
21. Privacy Policy
Click here to view our Privacy Policy.
22. Force Majeure
Vaarya® is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, war, terrorism, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under these Terms.
23. Metal allergies and assumption of risk
Most of our products contain metal. Some people have been known to have an allergic reaction to certain types of metals, such as nickel, which may be included in gold jewelry. With some people this reaction is severe. Without limitation, you agree to assume all risk associated with the use (whether by you or third parties) of any of the products your purchased on Vaarya®’s Site.
24. Disclaimers and Limitations of Liability
YOU AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Vaarya®, ITS MERCHANTS, CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Vaarya® OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE PRODUCTS. THE SERVICE AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE; AND Vaarya® HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS MERCHANTS, CONTENT PROVIDERS SUCH OTHER PERSONS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSIONS, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOUR SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE ARISING FROM THE SITE SHALL BE TO TERMINATE YOUR ACCOUNT OR THE RETURN POLICY AS SET FORTH ABOVE.
IN NO EVENT SHALL Vaarya®, ITS MERCHANTS, REPRESENTATIVES, AGENTS OR LICENSORS BY LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY Vaarya® OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Vaarya®, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Vaarya®'S RECORDS, PROGRAMS OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
25. Notice
Vaarya® may give notices to you, at Vaarya®'s option, by posting a message on the Site, by electronic or conventional mail or by any other means by which you obtain actual knowledge thereof. Notices by you to Vaarya® must be given by electronic or conventional mail. Notices to Vaarya® by electronic mail must be sent to sales@Vaarya®.com. Notices to Vaarya® by conventional mail must be sent to: Vaarya®, 181 Berkley Ave, Belle Mead, NJ 08502. Notices by you to Vaarya® will not change the terms of these Terms or any Vaarya® operating rule, unless an authorized officer of Vaarya® expressly accepts the change in writing.
26. Termination
Either Vaarya® or you may terminate these Terms and your account at any time, with or without cause. In the event you are dissatisfied with the Site for any reason whatsoever, the only right available to you is to terminate your account by contacting Vaarya® pursuant to these Terms. Vaarya® may suspend or terminate your account, without notice, in the event of any breach by you of these Terms or for other conduct by you which Vaarya®, in its sole discretion, considers to be unacceptable. Suspension or termination of your account means that the Site will no longer be accessible to you. Vaarya® shall not be responsible for any consequences of such lack of access. The provisions of these Terms will survive the termination of these Terms or your account, whether by Vaarya® or you. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
27. International Users
The Site is hosted in the United States and is intended for and directed to users in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which are governed by U.S. law, these Terms of Use, and our Privacy Policy, you are transferring your personal information to the United States and you consent to that transfer.
28. Children Under 13
The Website is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at sales@Vaarya®.com. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.
29. Governing Law; Forum for Disputes
Any controversy or claim relating to this Site, the Material, the User Material or these Terms not otherwise resolved between you and Vaarya® will be resolved in a cost effective manner through binding non-appearance-based arbitration conducted in New Jersey. Party shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Any claim or cause of action that you may have with respect to this Site, the Material, the User Materials or these Terms must be commenced within one (1) year after the claim or cause of action arises or it will be forever barred. Notwithstanding anything to the contrary, any action or proceeding by Vaarya® relating to your access to, or use of, this Site or any Material in accordance with this paragraph may be instituted by Vaarya® in state or federal court in New Jersey. Accordingly, you consent to the personal jurisdiction of the courts in New Jersey with respect to all matters relating to your access to or use of this Site and the Material and waive your rights to removal or consent to removal. These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. In the event Vaarya® seeks injunctive relief, Vaarya® shall be able to seek such injunctive relief without the necessity of posting a bond or proving the inadequacy of damages, and be entitled to the reimbursement of all costs and expenses (including reasonable attorneys fees) incurred in connection with the enforcement of the foregoing right.
30. Miscellaneous
These Terms, the Privacy Policy and the Return Policy constitute the entire and only agreement between Vaarya® and you with respect to the Site, and supersede all other communications and agreements with respect to the subject matter hereof. Vaarya® may modify these Terms from time to time upon notice, as described above. The provisions of these Terms are for the benefit of Vaarya®, and its respective employees, agents and licensors and, as such, each shall have the right to assert and enforce such provisions directly on its own behalf. If any provision of these Terms is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.