Terms and Conditions

Last Updated: October 1, 2026

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

These Terms and Conditions are entered into by and between You and Ben Bridge Jeweler, Inc. ("Company," "we," or "us"). The following terms and conditions, along with any documents expressly incorporated by reference (collectively "Terms"), govern your access to and use of all Company online and digital activities, including, but not limited to www.benbridge.com, and all other sites, mobile sites, services, applications, platforms, and tools where these Terms appear or are linked (collectively "Website").

Acceptance of the Terms and Conditions

By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms or our Privacy Policy, you may not access or use the Website. Certain areas within the Website may be governed by additional terms ("Additional Terms"), incorporated herein by reference. By using those areas of the Website, you agree to the Additional Terms.

Changes to these Terms and Conditions

At the Company’s sole discretion, we may revise, update, modify, or discontinue any part of these Terms, in whole or in part, at any time, by posting revised terms on the Website. We will notify you of such changes by posting the modified version on our Website and indicating the date it was last modified, and, if the changes are significant, we will provide a more prominent notice (including by email in certain instances). The date these Terms were last modified is at the top of this page. We encourage you to visit our Website periodically to view the latest version of these Terms. All changes are effective immediately and apply to all access to and use of the Website thereafter. Your continued use of the Website after the revised Terms are posted on the Website means that you accept and agree to the changes and updated Terms.

Features and Functionality Provided by Third Parties; Third Party Items

Certain of the content, features and functionality on the Website may be provided by third parties (collectively, "Third Party Providers"). Your use of and interaction with such content, features and functionality (collectively, "Third Party Content") may be subject to separate terms and conditions. In such event, you acknowledge that these Terms will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.

Use of Website

This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. If you are under the age of 18, you may use this Website only with the involvement of a parent or guardian. By using this Website, you represent and warrant that you are of capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You acknowledge and agree that all information you provide to register with this Website or otherwise provide through the Website, including but not limited to through the use of any interactive features on the Website, is accurate, current and complete. Our use of your information is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other information as part of our secure account registration, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge and agree that your account is personal to you and that you are responsible for all activity that occurs through your account. If any unauthorized access to or use of your username or password or any other breach of security occurs, you must notify us immediately. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, block access to our Website, or refuse service to you at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Trademarks, Copyrights and Patents

All trademarks, logos, and service marks displayed on the Website, are registered and unregistered trademarks of Company, its affiliates, licensors, content providers or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. You may not use such marks without the prior written permission of the Company, or the owner of the marks. We reserve all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof (collectively, "Content"), is owned by Company and its licensors, and protected by U.S. and international copyright laws. All products displayed on our Website are protected by copyright and/or patents owned by Company and its licensors.

Limited License

Company grants you a limited license to access and make personal use of the Website and Content for your personal, noncommercial use and only to the extent that such use does not violate these Terms. Any downloading or copying of the Content herein is permitted for such personal, noncommercial use only, provided you do not modify or alter the Content in any way. No right title, or interest in any Content is transferred to you upon copying or downloading, and Content may not be transferred, reproduced, retransmitted or otherwise distributed or displayed, in whole or part.

You may not use any trademarks, logos, service marks, or Content on this Website for commercial use without obtaining prior written authorization from the owner. If you wish to make any use of material on the Website other than as expressly permitted in this section, please send your request by Contacting Us.

Acceptable Use

You are responsible for your use of the Website. To maintain a positive, safe and useful experience, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Website, you may not:

violate any law or regulation;
violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation;
advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Website to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website;
alter or tamper with any Contents, information, or materials on or associated with the Website;
transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user;
disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware, or servers in any way;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
impede or interfere with others' use of the Website;
abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
impersonate any person or entity or perform any other similar fraudulent activity, such as phishing
use any robots, spiders, scrapers, or any other automated means to access the Website for any purpose;
use any means to scrape or crawl any web pages contained on the Website;
attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Website;
attempt to frustrate the purpose of the Website or these Terms; or
advocate, encourage, or assist any third party in doing any of the foregoing.

User Contributions

The Website may contain product reviews, discussion forums, and other types of user generated content, or other areas or services where you or third parties may create, post, or store any content, messages, or other material on the Website (collectively "User Contributions"). Company neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Company will not be liable for any loss or damage caused by your reliance on User Contributions.

Any User Contributions you post to the Website will be considered non-confidential and non-proprietary. By posting, displaying, uploading, or providing User Contributions on the Website, you grant Company and its affiliates, service providers, licensees, successors and assigns a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, sublicensable, transferable right and the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material (in whole or in part) for any purpose and to incorporate such User Contributions into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any User Contributions; (iii) disclose any User Contributions, and the circumstances surrounding its transmission, to any third party; and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM YOUR USE OR MISUSE OF THE WEBSITE.

You represent and warrant that:

You own or control all rights in and to your User Contributions and have the right to grant the license set forth above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for your User Contributions, including their legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

License to Your User Contributions

By posting, displaying, uploading, or providing User Contributions to the Website or Social Media Assets, you hereby grant Ben Bridge a perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use, copy, distribute, reproduce, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the User Contributions (in whole or in part) and to incorporate such User Contributions into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes. By providing User Contributions to or via the Website to other users of the Website, you grant those users a non-exclusive license to access and use that User Contributions as permitted by these Terms and the functionality of the Website.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations and these Terms. Without limiting the foregoing, User Contributions must not:

Contain any material which is inaccurate, deceptive, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other right of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information as set forth in our Privacy Policy.

Online Purchases

If you wish to purchase any goods or services made available through the Website (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not guarantee that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any goods or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and/or (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Company or our agents may call or text you regarding your account or your Transactions, as set forth in our Privacy Policy, and applicable Additional Terms. You agree that we may place such calls or texts using an automatic dialing/announcing device, and that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record your communications, including but not limited to your phone conversations, with us.

Copyright Infringement Policy/DMCA

We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied or used on our Website in a way that constitutes copyright infringement, please send the following information to the Copyright Agent named below:

Your address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where the alleged infringing material is located on the Website.
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
The contact information for the Company’s Copyright Agent is as follows:

Ben Bridge Jeweler, Inc.

Legal Department – Copyright Agent

P.O. Box 1908

Seattle, WA 98111

Email: info@benbridge.com

*NOTE: For notices sent via email, please include "DMCA COPYRIGHT" in the email subject line.

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.

The Company has the right to remove any Content, User Contributions, or other material from the Website at any time and may at its discretion suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe the copyright rights of others.

Links from the Website

The Website may contain links to other sites and resources provided by third parties, which are provided for your convenience only. This includes links contained in advertisements, such as banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of those sites or resources. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and your use is subject to the privacy policies and terms and conditions of use that govern such websites.

Geographic Restrictions

The Company is based in the state of Washington in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

Information, News and Press Releases

The Website may contain information, news and/or press releases about the Company and its affiliates. While we strive to ensure that information contained on our website is current, accurate and reliable as of the date it was prepared, we disclaim any duty or obligation to update this information, news or press releases. Information about companies other than us contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Company or its affiliates.

Waiver

Any waiver by either you or the Company of any provision or condition of the Terms shall not be construed or deemed to be a waiver of any other provision or condition of the Terms, nor a waiver of a subsequent breach of the same provision or condition, unless such is expressed in writing and signed by the party to be bound.

Dispute Resolution (Including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver)

Our Customer Service Department ready to assist you and address your concerns—email info@benbridge.com or call 1.888.448.1912.

For purposes of this Dispute Resolution section, "Ben Bridge," “Company,” “we," and "our" shall include Ben Bridge Jeweler, Inc. and its past, present, and future subsidiaries, parents, affiliates, agents, employees, officers, directors, predecessors in interest, successors, representatives, and assigns.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR BEN BRIDGE WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Binding Individual Arbitration. Any claim, controversy, or dispute arising out of or relating to these Terms, your access or use of our Website or any products or Services offered by or purchased from Ben Bridge through our Website or store, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory to the fullest extent permitted by the Federal Arbitration Act ("Dispute") will be resolved through binding individual arbitration as set forth in this Mandatory Dispute Resolution Section, except (a) either you or Ben Bridge may initiate a Dispute in or take a Dispute to small claims court so long as it isn't removed or appealed to a court of general jurisdiction and (b) as otherwise expressly provided herein. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance and otherwise for a court of competent jurisdiction to decide.
Dispute will be given the broadest possible meaning permitted by law. It includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms and our relationship with you. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property.
The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (c) issues that relate to the arbitrability of any Dispute. A court of competent jurisdiction shall have the limited and non-exclusive authority to decide if a Dispute is time-barred under contractual or statutory limitations periods or that the filing of a demand for arbitration has been authorized by the claimant. These Terms and its arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and Ben Bridge agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.
Mandatory Informal Dispute Resolution Process. If you and Ben Bridge have a Dispute, you and Ben Bridge agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice, individual to that party, to the other party that describes the Dispute. The notice must include all of this information: (a) the initiating party's contact information (including name, address, telephone number, and email address) (with their counsel's contact information, if represented); (b) sufficient information to enable the other party to identify any transaction(s) and account(s) at issue (including receipts and product and purchase details if applicable to the Dispute); and (c) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).
If you have a Dispute with us, you must send this notice, including all of the information referenced above, by mail to: Ben Bridge Jeweler, Inc., Attn: General Counsel, P.O. Box 1908, Seattle, WA 98111. If we have a Dispute with you, we will send this notice, including all of the information referenced above, to you at the most recent contact information we have on file for you.
For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you and we (and counsel, if you and we are represented) agree to discuss in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Ben Bridge representative will personally attend (with counsel, if you and we are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.
If the Dispute is not resolved within sixty (60) days after receipt of a completed notice (which period can be extended by agreement of the parties), you or Ben Bridge may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to you or Ben Bridge commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process Arbitrator. You or we may commence arbitration only if the Dispute is not resolved through compliance with this Process.
Arbitration Procedures. You and Ben Bridge agree that the arbitration will be administered by the American Arbitration Association ("AAA") and conducted in accordance with the applicable AAA rules ("AAA Rules") as modified by this arbitration agreement. If the AAA is unavailable or unwilling to administer arbitrations consistent with this arbitration agreement, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this arbitration agreement. If the parties cannot agree on a provider, they shall petition a court of competent jurisdiction to appoint an arbitration provider that will do so.
The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the AAA Rules and this arbitration agreement. An arbitration demand must include all of the information required to be provided in the notice above. When initiating arbitration, you shall personally certify to Ben Bridge and to the AAA that you are a party to this arbitration provision and provide a copy or link to it. To begin an arbitration proceeding, you or Ben Bridge must send a personally signed demand for arbitration that describes (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for such relief. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the Process referenced above and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would. If you are initiating arbitration, you shall serve the demand for arbitration on Ben Bridge via mail to Ben Bridge Jeweler, Inc., Attn: General Counsel, P.O. Box 1908, Seattle, WA 98111. If Ben Bridge is initiating arbitration, we shall serve the demand for arbitration on you at the most recent address we have on file for you. The party initiating arbitration must follow the appropriate procedures with the AAA to commence the arbitration, which are available at www.adr.org or by contacting the AAA.
The arbitration shall be heard by a single, neutral arbitrator. The party initiating arbitration may choose to have the arbitration conducted by a phone, video, or in-person hearing, or solely through written submissions, except the respondent in any arbitration where the claimant is seeking $10,000 or more or injunctive relief shall have the right to elect a hearing. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Ben Bridge representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in King County, State of Washington or at another mutually reasonably convenient location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator is empowered to follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions. The right to recover attorneys’ fees, costs and arbitration fees shall be governed by the laws that apply to the parties’ dispute, as well as any applicable arbitration rules. Judgment on any arbitration award may be entered in a court of competent jurisdiction, except an award that has been fully satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose.
Additional Procedures for Mass Arbitrations. You and we agree that these Additional Procedures for Mass Arbitrations (in addition to the other provisions of this arbitration provision and the applicable AAA Rules) shall apply if you choose to bring your Dispute as part of a Mass Arbitration (defined below). If twenty five (25) or more similar Disputes (including yours) are asserted against Ben Bridge by the same or coordinated counsel or are otherwise coordinated ("Mass Arbitration"), you understand and agree that these Additional Procedures for Mass Arbitrations will apply and that they are designed to (a) lead to the streamlined and cost-effective resolution of claims; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (c) preserve the integrity of the arbitration process. You also understand and agree that by choosing to bring your Dispute as a part of a Mass Arbitration that the resolution of your Dispute might be delayed and ultimately proceed in court and not in arbitration. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and the AAA's resources.
If you choose to bring your Dispute as part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
STAGE ONE: If at least one hundred (100) Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Ben Bridge shall each select 50 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One may be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge, or other mutually agreeable mediator, jointly selected by counsel in an effort to resolve the remaining Disputes.
STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Ben Bridge shall each select 100 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than five cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge, or other mutually agreeable mediator, jointly selected by counsel in an effort to resolve the remaining Disputes.
Upon the completion of the mediation set forth in Stage Two (and assuming counsel for the parties do not jointly agree to continue engagement through further mediation or otherwise), each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitrations, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Mass Arbitrations and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitrations apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.
Future Changes to Dispute Resolution Section. Notwithstanding any provision to the contrary, you and we agree that if Ben Bridge makes any future changes to this arbitration agreement (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to Ben Bridge Jeweler, Inc., Attn: General Counsel, P.O. Box 1908, Seattle, WA 98111. The written notice must include the following information: (a) your name, address, phone number, and email address and (b) a statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this version of the arbitration agreement.
Class Action Waiver. You and Ben Bridge each agree that any proceeding, whether in arbitration or in court, shall be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
Jury Trial Waiver. To the fullest extent permitted by applicable law, you and Ben Bridge waive the right to a jury trial.
30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this Dispute Resolution Section by sending written notice of your decision to opt-out by mail to Ben Bridge Jeweler, Inc., Attention: General Counsel re Arbitration Opt-Out, P.O. Box 1908, Seattle, WA 98111. The notice must be sent within 30 days of the date on which you first access or use the Website and agree to these terms; otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Dispute Resolution Section. If you opt-out of these arbitration provisions, we also will not be bound by them.
Dispute Resolution: Severance. If any provision in this Dispute Resolution Section of these Terms is found to be unenforceable, that provision shall be severed with the remainder of this Dispute Resolution Section of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable for any reason, the entire Dispute Resolution Section of these Terms (but only the Dispute Resolution Section) shall be null and void.

Governing Law and Jurisdiction

Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of the Website, or any products or services sold or distributed by Company or through the Website, shall be governed by and construed in accordance with the laws of the State of Washington without regard to the principles of conflicts of law.

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of the Website, or any products or services sold or distributed by Company or through the Website, shall be instituted exclusively in the federal or state courts located in King County, State of Washington. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Severability

If any portion of these Terms is unlawful, void or unenforceable, the remaining provisions will remain in place.

Notice to California Users

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please Contact Us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

Notice to New Jersey Users

No provision of these Terms shall apply to any New Jersey consumer to the extent that such provision limits, waives, or disclaims any rights, remedies, or protections that cannot be limited, waived, or disclaimed under applicable New Jersey law. To the extent any disclaimer of warranties, limitation of liability, indemnification obligation, waiver, release, or other provision of these Terms is determined to be unenforceable under New Jersey law, such provision shall be deemed modified to the minimum extent necessary to comply with New Jersey law, and the remainder of these Terms shall remain in full force and effect. Nothing in these Terms is intended to limit any rights or remedies available under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act or other applicable law.