Terms and Conditions, Notices, Revisions, Arbitration

If you choose to visit Luvia Jewelry, your visit and any dispute over the terms and conditions of the Site or your purchase of products through the Site is subject to these Terms and Conditions and our Privacy Policy, including limitations on damages, resolution of disputes, and application of the law of the state of Arizona. Our business changes constantly, and our Privacy Policy and the Terms of Conditions will change also. We will post a banner and a link on our main homepage at luviajewelry.com notifying you of material change to these Terms and Conditions, so please check the Site frequently for such recent changes. Unless stated otherwise, our current Terms and Conditions apply to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Except where prohibited, by visiting and using luviajewelry.com/luviadesigns.com you agree that any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of these Terms and Conditions shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in Phoenix, Arizona, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Claims shall be heard by a single arbitrator. The place of arbitration shall be Phoenix, Arizona. The arbitration shall be governed by the laws of the State of Arizona without giving effect to any choice of law or conflict of law rules of the State of Arizona or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

Non-Waiver

The failure of luviajewelry.com/luviadesigns.com to insist upon performance of any of the terms and conditions of this Terms and Conditions, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Terms and Conditions, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Terms and Conditions. Any waiver must in writing and signed by Luvia Jewelry and luviajewelry.com.

The failure of Luvia Jewelry to comply with these Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Luvia Jewelry, shall not be deemed a breach of these Terms and Conditions.

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the site;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Keith McAuley 

1959 N Power RD

Suite 103 – 330

Mesa, AZ 85206