2.        Changes and Amendments to User Agreement . Moriarty’s Gem Art RESERVES THE RIGHT TO CHANGE AND AMEND THIS USER AGREEMENT FROM TIME TO TIME WITHOUT NOTICE TO YOU. SUCH CHANGES AND AMENDMENTS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING OF SAME TO THE MORIARTY’S GEM ART WEBSITE. Moriarty’s Gem Art STRONGLY RECOMMENDS AND ENCOURAGES YOU TO REVIEW THIS USER AGREEMENT REGULARLY ON OUR WEBSITE SO AS TO BE APPRISED OF CHANGES AND AMENDMENTS. YOUR CONTINUED USE OF THE MORIARTY’S GEM ART WEBSITE AFTER THE POSTING OF CHANGES AND AMENDMENTS SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF ANY REVISIONS OR ADDITIONS.

3.        Termination of Agreement. This agreement shall remain in full force and effect from 1999 until terminated by Moriarty’s Gem Art. Moriarty’s Gem Art shall have the right to terminate this agreement at any time and without notice to you. In the event of termination of this agreement, you agree that you are no longer authorized to use the Moriarty’s Gem Art website and that you will immediately cease your usage of the website.

Moriarty’s Gem Art shall be under no obligation to continue operation of the Moriarty’s Gem Art website. Moriarty’s Gem Art may terminate operation of the website at any time, in its sole discretion, without any liability to you whatsoever.

4.        Website Content. The text, images, logos, photographs, descriptions, data and other material on the Moriarty’s Gem Art website are herein collectively referred to as the “Content”.

Unless otherwise noted, the Content is the exclusive property of Moriarty’s Gem Art and is protected under the Copyright and Trademark laws of the United States and the various States. Your use of the Content is limited to your own personal use in connection with shopping and ordering on the Moriarty’s Gem Art website and for no other purpose. Any use by you other than that specifically authorized in this agreement is strictly prohibited. The content may contain errors, inaccuracies, omission and typographical errors or may be out of date. You acknowledge that Moriarty’s Gem Art provides the Content for informational purposes only and is not binding on Moriarty’s Gem Art unless specifically indicated to be so.

Moriarty’s Gem Art reserves the right to change, delete, update or correct the Content at anytime and without notice to you.

5.        Price and Ordering . All prices shown on the Moriarty’s Gem Art website are quoted in United States Dollars. In addition to the price for goods and services, Moriarty’s Gem Art will add charges for shipping and handling and sales tax (where required by law) to all orders. Moriarty’s Gem Art reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the website without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the website do not imply endorsement of that product or service, or constitute a warranty, by Moriarty’s Gem Art.

The receipt by you of an order confirmation does not constitute Moriarty’s Gem Art’s acceptance of an order. Prior to Moriarty’s Gem Art’s acceptance of an order, verification of information may be required. Moriarty’s Gem Art reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Moriarty’s Gem Art, for any reason. Moriarty’s Gem Art reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Moriarty’s Gem Art shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Moriarty’s Gem Art shall promptly issue a credit to your credit card account in the amount of the incorrect price.

6.        Your Password . It is your sole responsibility to maintain the security of your password. Your password is for your personal use only and may not be used by any third party, even with your permission. You are solely responsible for any and all actions taken under your password on this website.

7.        Interference, Hacking and Other Malfeasance . You agree that you will take no action of any kind to interfere or “hack” the Moriarty’s Gem Art website including, without limitation, introducing viruses onto the system and running software routines to impose large loads on our servers and other infrastructure.

8.        Indemnity . You agree to indemnify and hold harmless Moriarty’s Gem Art, its employees, officers, directors, and agents from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of you breach of this agreement.

9.        Breach of this Agreement. In the event that you breach any part of this agreement, we may immediately issue a warning to you, temporarily suspend or terminate your membership and refuse to provide our services to you.

10.    Disclaimer and Limitation of Liability. THE MORIARTY’S GEM ART WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Moriarty’s Gem Art MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THEREIN OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. Moriarty’s Gem Art ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MORIARTY’S GEM ART SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. Some States may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL Moriarty’s Gem Art, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE MORIARTY’S GEM ART SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Moriarty’s Gem Art IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.    User Submissions. Any information you transmit to the Moriarty’s Gem Art website will be treated as non-confidential and non-proprietary in nature. As such, Moriarty’s Gem Art may use such submissions for advertising, promotions, broadcasting, posting or other transmission.

12.    Entire Agreement/Severability. This agreement constitutes the entire agreement between Moriarty’s Gem Art and the user.