AUXCHANGE.COM TERMS OF SERVICE & USE
By accessing and using the auxchange.com website, you are automatically agreeing that both your access to the site and your use of it are undertaken by you consensually and subject to all applicable laws, regulations, and the terms and conditions in this legal notice, which may change at any time without notice.
SMS/MMS Mobile Message Marketing Program Terms & Conditions
The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from AuXchange Gold Jewelry via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.
We may change any telephone number we use to operate the Program 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 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 Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Mistakes & Errors
Our goal is to provide complete, accurate, up-to-date information on the auxchange.com website. Due to the dynamic nature of an e-commerce website, periodically, however, the AuXchange site may contain information that may not be current or complete, or may contain inadvertent typographical errors, mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of items. We apologize for any resulting inconvenience. We reserve the right to correct any errors, inaccuracies or omissions -- including after an order has been submitted -- and to change or update information at any time without prior notice.
Product images on the auxchange.com website are provided with the intent of showing as much detail and clarity of the jewelry as possible. Product images may be enlarged and may not reflect the actual size of the product. Please refer to product descriptions for such details. Product images may be subject to change without notice.
Subscribing to the AuXchange.com Email List or Newsletter
Subscribing to the AuXchange email list or newsletter is entirely voluntary and not necessary to complete a purchase. In order to complete a purchase transaction, we do require an email address, shipping and billing address which will be securely stored with us for your future use. This also assists us in processing the order as well as any returns or exchanges.
No Expectation of Confidentiality
You agree that only such information as is necessary to place an order may be considered confidential. We urge you not to transmit other confidential or proprietary information or trade secrets through the AuXchange site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. You also agree that dissemination of information about auxchange.com or its products on any social media sites necessarily have no expectation of confidentiality.
Disclaimer of Liability
AuXchange.com makes no representations or warranties of any kind, whether express or implied, with respect to its website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we and our directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of the AuXchange Site or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
By visiting the AuXchange.com site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service & Use and any dispute of any sort that might arise between you and us.
Any dispute relating in any way to your visit to the AuXchange.com site or to products purchased there shall be submitted to confidential arbitration in Los Angeles, California. In connection with threatened or actual violations of our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in such courts with respect to any potential violation of our intellectual property rights. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this Web site or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
By using the auxchange.com website, you agree to the terms and conditions outlined herein.
For all inquiries, including product related inquiries or custom orders, please use the Contact Us form on the website. Our mailing address is 433 Camden Drive, Beverly Hills, CA 90210.