Terms and Conditions
Your Consent
Your use of the HeartsOnFire.com Web site constitutes your agreement with the terms and conditions outlined below and with any applicable laws. These terms are subject to change without notice.
Site Use
This Web site and its contents are provided solely for personal, noncommercial use and for no other purpose. You may not modify, copy, link to, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, in whole or in part, obtained from this Web site without the written permission of Hearts On Fire Company, LLC (“HOF”). No right, title or interest in such materials is transferred to you by use of this Web site. HOF may modify or remove this Web site at any time without notice to you.
User Communications
Any message you send to us via e-mail, postcard, letter, voice mail or other transmission relating to your use of this Web site shall be and remain HOF’s property, and HOF shall not be limited in any way in its use, promotional, commercial or otherwise. However, we will not use your full name in any such promotional use without your permission. You agree that no such messages will violate the rights of any third party or contain any libelous or otherwise unlawful materials. We save certain messages and e-mails on file for promotional and marketing purposes, but we are not required to and do not retain every such message.
Product Presentation
At HOF, we make every effort to represent our products as accurately as possible. However, due to photography techniques and differences in monitor color and display capabilities, images of products may appear slightly smaller or larger than actual size, and color may vary. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. America Online users may experience blurry, distorted images due to proprietary AOL browser settings. Also, in compliance with FTC regulations and the standards set forth by our industry, the total carat weight of the diamonds shown on HeartsOnFire.com may vary by plus or minus 0.04 carats from the presented total weight. Additionally, when a piece of our fine jewelry contains more than one diamond, it is our policy to present an average grade for color, clarity, and carat weight. We strive to provide our customers with the most accurate information at all times in order to aid them in making an informed purchase.
Product Availability and Pricing
Although we update our inventory regularly, sometimes our product availability may change before there is time to update the information on our Web site. The availability of items is subject to change without prior notice. Please be aware that HOF does not have prices displayed on the HeartsOnFire.com Web site, and if you do see prices they may be inaccurately represented, due to system and browser errors. To receive accurate pricing information, please visit your nearest HOF authorized retailer. Neither we nor our authorized retailers will honor any erroneous prices posted on the site. We apologize in advance for any inconvenience this may cause. If you have any questions about this policy or any other policy, please contact an HOF customer service representative at: customerservice@heartsonfire.com or 877-PERFECT (877-737-3328).
Counterfeit Warning
HOF merchandise is available exclusively from authorized HOF retail jewelers. Buyers should be wary of purported HOF merchandise sold through unauthorized channels. Beware of counterfeits.
Copyright and Trademark
All contents are protected by U.S. and international copyright, © 2007 Hearts On Fire Company, LLC. All rights reserved. HEARTS ON FIRE, THE WORLD’S MOST PERFECTLY CUT DIAMOND, the Chevron design, DREAM, ADORATION, BELOVED, DEBUT, DESIRE, DESTINY, DEVOTION, EFFERVESCENCE, ELATION, ENTICEMENT, EUPHORIA, FAITH, FELICITY, FLIRTATION, FLUID, FRAGRANT, FULFILLMENT, GRACIOUS, GRANDEUR, HOOPLA, IDENTITY, ILLUSTRIOUS, INNOVATION, INTREPID, JUBILATION, MELANGE, MOSAIC, OPTIMA, PERFECTION IN PLATINUM, POTPOURRI, RAPTURE, RECOGNITION, REFINED, REFLECTION, REPERTOIRE, SEDUCTION, SENSATION, SERPENTINE, SIGNIFICANCE, SOLITUDE, SUBLIME, TANTALIZING, TENDERNESS, TRANSCEND, TRANSFORMATION, TRIUMPHANT, VIRTUOUS, VIVACIOUS, WHIMSICAL and WONDROUS are registered trademarks of Hearts On Fire Company, LLC. ADMIRATION BY HEARTS ON FIRE, ADORNMENT BY HEARTS ON FIRE, ALLURE, AMOROUS, APPLAUSE, ARRANGEMENT, ASCEND, ATTRACTION BY HEARTS ON FIRE, BEYOND, BLISSFUL BY HEARTS ON FIRE, BOTANICA, CHARMED, CIRCLES IN MOTION, CLASSICALLY JOURNEY, COMMANDING, COMPILATION, DECADES, DELIGHT, DISTINCTION, DISTINGUISHED, DIVINE, DREAMSTONE, DUETS, EMPHASIS, ENCHANTMENT, ENDURING, ENJOYMENT, ENTHUSIASM, ETERNE, EVOKING, FUSION, GARDEN, GLORIOUS, GRACE, HARMONY, ILLUSION, INDULGENCE, INTENSITY, INTERTWINED BY HEARTS ON FIRE, INTERTWINING LEAF, INTRIGUE, JOY, LATTICE, MARVEL, MEANINGFUL, MILESTONE, MIRAGE, MULTIPLICITY, MY 1ST BY HEARTS ON FIRE, MYSTERE, MYSTICAL, OPULENCE, PERSPECTIVE, PREFERENCE BY HEARTS ON FIRE, PRELUDE, PRESENCE, PRESTIGE, PROGRESSION, PROMINENT, REACH, REDEFINED, RELEVANCE, REMARKABLE, RESPECT, REVELATION, REVITALIZE, REVIVAL, SERENITY, SIMPLICITY, SIMPLY BRIDAL, SINCERITY, STILETTO BY HEARTS ON FIRE, SUCCESSION, SWEEPING, TIMELESS, TRIPLICITY, TRULY BRIDAL and WHISPER are trademarks of Hearts On Fire Company, LLC. All jewelry designs and images thereof are the exclusive copyrighted property of Hearts On Fire Company, LLC. Any use of the trademarks, jewelry design, the jewelry design images and/or other images, or any other copyrighted material is expressly prohibited unless otherwise agreed to in a signed writing by Hearts On Fire Company, LLC. Hearts On Fire Company, LLC actively and aggressively enforces its intellectual property rights to the fullest extent of the law. All product information, product ordering codes and prices are subject to change without notice.
This site may also contain trade names and trademarks of other companies that are the property of their respective owners.
Legal Notices
Use of HeartsOnFire.com is at your own risk. Unless specifically noted, this site, its content or the information available on or through it is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. Neither HOF, nor any of its affiliated or related companies, nor any of the employees, agents, content providers or licensors of any of them, makes any representation or warranty of any kind regarding HeartsOnFire.com, the content, any advertising material, information, products or services available on or through HeartsOnFire.com, and/or the results that may be obtained from use of HeartsOnFire.com or such content or services. All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties HeartsOnFire.com will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. HOF and its affiliates are not responsible or liable for any damage to, or virus that may infect, your computer equipment or other property.
Under no circumstances shall HOF or its affiliates, employees, agents, content providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages of any kind, regardless of the form of action, including, without limitation, contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages.
By use of this Web site, you agree to indemnify, defend and hold harmless, HOF, each of it affiliated companies, and each of its respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding your use of HeartsOnFire.com or any violation of this terms of use for the HeartsOnFire.com website.
This Web site (excluding any links) is owned and controlled by HOF from its offices within the Commonwealth of Massachusetts, United States of America. By accessing this Web site, both you and HOF agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to conflict of laws, will apply to all matters relating to use of this Web site. In addition, you agree to the exclusive personal jurisdiction and venue of the Suffolk County Superior Court and the United States District Court for the District of Massachusetts.
Visitors to this Web site are responsible for their own compliance with local laws regarding Web site use and access.
Third Party Links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites are not under the control of HOF and HOF is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. HOF is not responsible for webcasting or any other form of transmission received from any linked site. These linked sites have separate and independent terms, conditions and/or privacy policies, which we encourage you to review. Nonetheless, we seek to protect the integrity of our Web site and welcome any feedback about these linked sites (including if a specific link does not work).
HOF Privacy Policy
HOF is committed to respecting the privacy rights of our Web site visitors. The following Privacy Policy describes how we collect, protect, and use information we receive from visitors to our Web site.
Types of Information Collected
At Hearts On Fire, the confidentiality of your information is very important to us. We employ a number of measures to keep the data you voluntarily supply safe. By default you visit our Web site anonymously. When visiting our Web site, we do collect technical information about your visit such as the type of browser (e.g., Internet Explorer, Firefox), the length of visit, as well as the pages viewed and a host of other similar information.
There are functions on our site where personally identifiable information such as your e-mail or postal address is requested with your explicit consent (e.g., when you request a brochure or enter a sweepstakes). While this information is retained by us, it is not sold to third parties and only used by Hearts On Fire and its related companies. We use e-mail addresses to communicate with you regarding transactions between us or your customer relationship with us. We may also use your e-mail to share information about HOF products and services that may be of interest to you. You may opt-out of receiving such promotional messages from us at any time. Please refer to the “How can you opt-out, remove, or modify information you have provided to us?” section below. We do employ third parties who act on our behalf to help us manage and analyze this data but they are required to keep this data confidential. They also can only use the information for the specific services we ask them to perform and they must inform us of any theft of it.
We also receive and store click-stream data and other information about visits to our Web sites which may be combined with personal information you have provided. This information is used to analyze and improve the website experience. For more information, see the “Do we use 'cookies'?” section below.
Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits made to our websites. Please refer to the “Do we use 'cookies'?” section below for more information about “cookies” and how we use them.
How do we use your information?
We may use the information we collect from you when you register, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests.
- To administer a contest, promotion, survey, or other site feature.
If you have opted-in to receive e-mail from HOF, we may send you periodic e-mails. If you would no longer like to receive e-mail from HOF, please refer to the “How can you opt-out, remove, or modify information you have provided to us?” section below.
If you have opted-in to receive direct mail, we may send you periodic direct mail, such as catalogues. If you would no longer like to receive direct mail, please refer to the “How can you opt-out, remove, or modify information you have provided to us?” section below.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
Do we use “cookies”?
Yes. “Cookies” are small files that a site or its service provider transfers to your computer's hard drive through your web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use “cookies” to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use “cookies” to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We may contract with third-party service providers to assist us in better understanding our site visitor. These service providers are not permitted to sell the information collected on our behalf except to help HOF conduct and improve its business. The companies use “cookies” to gather anonymous data about our visitors on behalf of HOF. They do not collect personally identifiable information like e-mail, credit card number, phone number, or name.
You can choose to have your computer warn you each time a “cookie” is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer or Mozilla) settings. Each browser is a little different, so look at your browser's Help Menu to learn the correct way to modify your “cookie” settings. If you turn off “cookies,” you won't have access to many features that make your site experience more efficient and some of our services will not function properly.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, except as described in the Privacy Policy. The term “outside parties” does not include HOF wholly-owned companies. It also does not include Web site hosting partners or other parties who assist us in operating our Web site, conducting HOF 's business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our Web site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to outside parties for marketing, advertising, or other uses.
How can you opt-out, remove, or modify information you have provided to us?
You can opt out of receiving e-mails by clicking on the “safe unsubscribe” link at the bottom of our e-mails. Alternatively, to modify or delete entirely the information you have provided during registration, including your e-mail subscriptions, please contact us at customerservice@heartsonfire.com. Be sure to include your first and last name and e-mail address in the message box.
Please note, if you have opted-out to receive e-mail, due to production schedules you may receive communications already in progress. Also, if you request your registration information be deleted or you opt-out of other communications, we may maintain information about an individual service inquiry for future service and record keeping purposes.
Children's Online Privacy
HOF does not collect information on any person under 13 years. We ask that children under the age of 13 years do not submit information to us without the consent of a parent or guardian.
Online Policy Only
This online Privacy Policy applies only to information collected through our Web site and not to information collected offline.
Questions and Feedback
We welcome your questions, comments, and concerns. Please send us any and all feedback pertaining to any of the foregoing terms and conditions, or any other item.