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TERMS & CONDITIONS

Welome to Last-pick.com! These terms and conditions('terms') govern and apply to anyone accessing or using the websites located at www.last-pick.com, shoplastpick.com, hollywoodfashionjewelery.com, last-pick.net, our application(s), our blgo(s), and any other website(s) owned and/or operated by last-pick.com(including any of its subsidiaries, headquater, corporate affiliates and nay of their associated web pages.

 

Please take enough time to review below. By accessing or using the Services, including purchasing any prducts through the services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these terms; (2)that you have the right,authority, and cpacity to abide by these term; (3) to comply with all aplicable laws, rules and regulations concerning your access to and use of the services; and (4) you are of legal age to form a binding contract and are not a person barred  from receiving service under the lawas of the United States or another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those addtional terms will become part of these Terms when you use those services.

Last-pick.com reserves the right to update, change, modify or otherwise after these terms at any time. if any materials changes are made to these terms, last-pick.com may notify you by position the revised terms on the services. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSITITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. if you do not want to be bound by these Terms, simple do not use our services.

last-pick.com may terminate the Services or any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.  

 

General

Please review the following terms and conditions ('Terms of Use') and our other policies that govern your visit to our Site and your use and purchase of products from our Site (collectively, 'Use'). Your Use of our Site constitutes your acceptance of, and agreement to follow and be bound by, such policies and by the Terms of Use. Last Pick® reserves the right, at any time, to modify, alter or update our Site, policies and these Terms of Use.

 

Access to and use of the website
Unless authorized in writing by last-pick.com, you may use the Services solely for your personal and non-commercial use. You agree to only access or use the Services solely for legal purposes as allowed by these Terms. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.) Amongst other things, you agree not to:
  • modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Services, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
  • hack into the Services or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Services;
  • damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Services;
  • violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
  • access or attempt to access any password-protected, secure or non-public areas of the Services without the express permission of last-pick.com

For any portion of the Services that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

You can link your account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Services. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.

 

Limited licneses; personal, commercial, and non-commercial use limitation of the content and its service

You also agree not to deep-link to the Services or any website or webpage thereof for any purpose, unless specifically authorized by Last-pick.com. Use of any of Last-pick.com’s trademarks as metatags on other networks is also strictly prohibited.

last-pick.com may make available software or applications that you can download (to your computer or mobile device) to access and use the Services. As long as you comply with these Terms, you have the right to use the software to access and use the Services for your own personal use. This license is for the sole purpose of enabling you to use and enjoy the Services in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have last-pick.com’s written permission.

 

Unauthorized use of the web

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Services, or transmit any worms or viruses or any code of a destructive nature on or to the Services.

You agree that you shall not use the Services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or conduct product deisgn, or modify product design, or for any purpose that is prohibited by these Terms. Illegal and/or unauthorized uses of the Services, including, but not limited to, unauthorized framing of or linking to the Services or unauthorized use of any robot, spider, or other automated device on the Services, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.


Offline Conduct

Although last-pick.com cannot monitor the conduct of its users of this Services, it is a violation of these Terms to use any information obtained from our Services in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

 

Violation of these terms

You agree that monetary damages may not provide a sufficient remedy to last-pick.com for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.

 

Copyright Policy

lp policy is to remove, or disable access to, material that infringes any copyright on the Services after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any Content on the Services violates your copyright, please provide our copyright agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • an identification of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on or through our Services;
  • your address, telephone number, and e-mail address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notifications of claimed copyright infringement should be sent to last-pick.com’s Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.

You agree that monetary damages may not provide a sufficient remedy to last-pick.com for violations of these Terms, and you consent not to injunctive or other equitable relief for such violations & monetary relief.


Site Contents

Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Last Pick® or its subsidiaries and affiliates.


Comments, Feedback and Other Submissions

We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Last Pick® using this Site or otherwise (collectively, 'Comments') are not confidential and will become and remain Last Pick's property. The disclosure, submission or offer of any Comments will constitute an assignment to Last Pick® of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

The Contents are intended solely for your personal, noncommercial use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

 

Microsoft Mapping Privacy and Terms of Use

Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement. Microsoft reserves the right to change the Microsoft Terms of Use and Privacy Statement at any time, at their sole discretion. For additional information, please seMicrosoft Terms of Use and Microsoft Privacy Policy.


Merchandise Availability

Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by calling Customer Service or by joining us in Live Help in the lower right-hand corner of our homepage. You will receive a shipping confirmation e-mail once your items have shipped.

 
Product Information(Inaccuracies, errors, and omissions)

Last Pick® products displayed on the Site may be available in selected Last Pick® stores in the United States. The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

On occation, there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricings, availability and promotions. We reserve the right to correct any errors, inaccuracies or omissions and to change, update inofrmation or cancel the order at any time without prior notice, even after you have submitted your order.


Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. Last Pick® DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. Last Pick® DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH Last Pick®  ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER Last Pick®  NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE.  Last Pick® IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF LAST PICK'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LASTPICK®, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

    A.       Disclaimer. WWW.LAST-PICK.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY WWW.LAST-PICK.COM OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY WWW.LAST-PICK.COM ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY,WWW.LAST-PICK.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. WWW.LAST-PICK.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SERVICES OR LINKED TO FROM THIS SERVICES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

        B.       Limitation of Liability. IN NO EVENT SHALL WWW.LAST-PICK.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WWW.LAST-PICK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, WWW.LAST-PICK.COM 'S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.

        C.       ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

        D.       IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

 

INDEMNIFICATION

Users(buyers) shall and agree to defend and hold harmless Last-pick.com (and its headquater, subsidiaries, affiliates, officers, agents, co-branders or other partners, thrid-party vendors, manufacturers, distributors, employees, and directors) from and against any and all claims, damages, actions, demands, liabilities, costs and expenses (including, but not limited to, reasonable attorney's fee and all related costs and expenses) incurred by Last-pick.com as a result of any claim, judgement or adjudication against last-pick.com related to or arising from i: any photographs, illustration, graphic, audio cclips, video clips, text, data or any other inofrmation, content, display or material(wheter written, graphic, sound or product deisgns otherwise). Claim that last-pick.com's use of intellectual, or deisign property rights from its manfuactuers or vendors.

Last Pick  and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. Last-PIck.com reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Last-Pick.com in asserting any available defenses.


ARBITRATION

By using this site, you agree that any disputes, controversies, or claims in connection with or arising out of this Agreement, use of the Site and its services, or purchase of goods or services via the Site, shall be referred to and finally determined by arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator under the rules and procedures of the AAA, from which arbitration there shall be no appeal. (1) Any award rendered by the arbitrator shall be final and binding on all parties, and judgment upon the award rendered by the arbitrator, if any, may be entered in any court of competent jurisdiction. (2) Such arbitration shall be held in a location as determined by the AAA pursuant to their rules and procedures, so long as it is reasonably convenient to the End User, or at a place mutually agreed upon by the parties. (3) The arbitrator shall apply California law consistent with the Federal Arbitration Act, including applicable statues of limitations, and shall honor privileges recognized at law. (4) There shall be no authority or basis to arbitrate any claims on a class or representative basis; the arbitrator may not consolidate or join any parties or claims of other parties that may be similarly situated. (5) In the event that the End User demonstrates the costs of litigation would be less than the costs of arbitration, ShopLately may pay the difference on behalf of the End User such that arbitration is not cost-prohibitive. In the event that any part of this Arbitration clause is found to be invalid, unenforceable, illegal, or otherwise conflicts with AAA’s rules and procedures, the balance of the provisions will remain in effect and the clause construed as if the offending part was never contained herein. However, if section (4) is found to be invalid, unenforceable, illegal, or otherwise in conflict with AAA’s rules and procedures, then the entirety of this Arbitration clause is null and void and neither party shall have the right or ability to arbitrate their claims.


Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the laws of the State of California, USA without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using this Site, shall be brought only in the state or federal courts of LA County, LOS ANGELES, CALIFORNIA, USA, and you and Last Pick® do hereby consent to the jurisdiction and venue of such courts.

 

LINKS TO OTEHR WEBSITES AND SERVICES

This Site may include links to other Internet sites maintained by third parties ('Linked Sites'). LAST-PICK® provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by LSAT-PICK® of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the LAST-PICK® Site. Linked Sites are not under the control of LAST-PICK® and LAST-PICK® is not responsible for the contents of any Linked Site.

 

Denial of Access

These Terms of Use constitute an agreement that is effective unless and until terminated by Lastpick®. If in Last Pick®'s sole discretion you fail to comply with any term or provision of this agreement, Last Pick® may deny you access to the Site. In the event of denial of access by Last Pick®, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and Last Pick® relating to the subject matter addressed herein.