LEGAL NOTICES LIVINGSTON JEWELERS AND TENDER EMBRACE. LEGAL NOTICE Livingston Jewelers may be contacted at the following telephone number: (608) 444-9093 Welcome to our website (the "Site"). ====================================================================================================== This Legal Notice (“Notice”) shall constitute the terms and conditions of your use of this Site. This Notice applies to all proprietary pages, images, text, programs, and other material available throughout this Site. Your use of this Site indicates your acceptance of the terms and conditions listed herein, which may be revised at any time by Livingston Jewelers in its sole discretion. Use after any such revisions indicates your acceptance of such revised terms and conditions. If you do not accept such terms and conditions, do not use this Site. ====================================================================================================== Use of the Site Livingston Jewelers maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only; provided, however, that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including, but not limited to, the text, images, audio and video without Livingston Jewelers written permission. You may not alter or interfere with the content or function of this Site or download any material from this Site for use at any other website, including Internet auction sites. All materials on this Site are copyrighted and misuse thereof may constitute violation of copyright, trademark and other laws. Livingston Jewelers reserves all rights to all materials listed on this Site. ====================================================================================================== Disclaimer of Warranties and Limitation of Liability Livingston Jewelers does not warrant or represent that the content at the Web site is accurate, or that the Web site’s operation will be error free or uninterrupted, or that it will be free of viruses or other harmful components. You use the Web site at your own risk. Livingston Jewelers does not warrant that your use of materials displayed on this Web site will not infringe rights of third parties not owned by or affiliated with Livingston Jewelers THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Livingston Jewelers assumes no responsibility, and shall not be liable for any damages to your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video or audio from this Site or any linked sites. In no event shall Livingston Jewelers or any other party involved in creating, producing, maintaining or delivering this Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of any of them, be liable for any damages of any kind or under any theory of liability, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, regardless of whether or not Livingston Jewelers has been advised of the possibility of such damages, arising out of or in connection with the use of, or your browsing in, or your links to other sites from this Site. ====================================================================================================== Intellectual Property Unless otherwise noted, products, patents, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights, patents or other property of Livingston Jewelers. ("Livingston Jewelers Intellectual Property"). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Livingston Jewelers Intellectual Property displayed on this Site without the written permission of Livingston Jewelers. Livingston Jewelers devotes substantial resources towards developing what we believe to be the finest products available. The benefits of these efforts are incorporated in our products and many of these features are not apparent to the casual observer, but are absent from other products that are intended to be copies or "knock-offs" of genuine Livingston Jewelers products. The Livingston Jewelers Intellectual Property is protected by patents, trademarks and other rights granted to Livingston Jewelers under international, federal and state statutory and common law or otherwise licensed by Livingston Jewelers. Accordingly, Livingston Jewelers expects third parties to respect its intellectual property rights. Livingston Jewelers vigorously enforces its intellectual property rights, whether infringement takes the form of "knock-off" products, unauthorized use of trademarks or copyrights or in any other manner. ====================================================================================================== Communications with Livingston Jewelers. Livingston Jewelers appreciates your comments, but please do not send to Livingston Jewelers any suggestions, drawings, models or other descriptions of any ideas related to new products, modifications to existing products or marketing efforts. Livingston Jewelers does not accept such unsolicited products or marketing suggestions. Any communication or material you transmit to this Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be edited by or on behalf of Livingston Jewelers, may or may not be posted to this Site at the sole discretion of Livingston Jewelers. and may be used by Livingston Jewelers or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Livingston Jewelers is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information without any compensation to the person sending such information. ====================================================================================================== Governing Law and Choice of Forum for Purposes of Dispute Resolution This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the State of Wisconsin, United States of America, without regard to the principles of conflicts of laws. ANY DISPUTE ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THIS SITE SHALL BE HEARD ONLY IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN DANE COUNTY, STATE OF WISCONSIN. By using this Site, you consent to the personal jurisdiction of such courts. If any of the terms and conditions stated herein are found to be unlawful or unenforceable for any reason, that provision will be severable from the rest of these terms and conditions and shall not affect the enforceability of the remaining terms and conditions. This legal notice states the entire agreement between us with respect to your use of this Site, which agreement may only be amended in a writing signed by an authorized officer of Livingston Jewelers Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Livingston Jewelers intends to make such products or services available in such countries. ====================================================================================================== proprietary jewelry designs of Gerald A. Livings, Livingston Jewelers and Tender Embrace These proprietary jewelry designs of Gerald Livings, Livingston Jewelers and Tender Embrace are protected by copyright and are aggressively defended against those who would knowingly or unknowingly manufacture and market "knock-offs". Our attorneys will pursue copyright infringement to the fullest extent of the law, which can result in fines, forfeiture of sales, legal expenses and destruction of tooling, molds and inventory. ====================================================================================================== Originals We aggressively and successfully pursue copyright infringements. The manufacturers of products who would knowingly or unknowingly manufacture and market "knock-offs" will be contacted by our attorneys to cease all production and sale. ======================================================================================================