Terms & Conditions

 

Last Updated Sept 21, 2016

Welcome to Totaram.com. Totaram Jewelers Online and/or its affiliates ("Totaram") provide website features and other products and services to you when you visit or shop at Totaram.com, use Totaram products or services, use Totaram applications for mobile, or use software provided by Totaram in connection with any of the foregoing (collectively, "Totaram" or "Totaram Services"). Totaram provides the Totaram Services subject to the following conditions.

By using Totaram Services, you agree to these conditions. Please read them carefully.

The Totaram.com website and its associated services and content (collectively "Website") is owned and operated by Totaram Jewelers Online. ("Totaram.com", "Totaram" ,"Totaram Services", "our," "we" or "us"). By using and placing an order for products through the Website, you agree to the terms and conditions set forth below in this Terms of Use Agreement (is "Agreement"). This Agreement is made by and between Totaram.com and you, personally and, if applicable, on behalf of the entity for whom you are using the Website ("you" or "your"). This Agreement governs your use of the Website and the products and services we offer on the Website, including making purchases from Totaram.com , making sales to Totaram.com , and placing orders with Totaram.com . If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
TOTARAM.COM STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE THAT IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.

By purchasing from, making sales to or ordering from Totaram.com , whether by telephone, through the Website or otherwise, you are subject to all terms, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.

Because this Agreement contains legal obligations, please read them carefully.

Please direct any legal questions regarding this Agreement to:

Totaram.com
Attn: Legal Dept.
17 Clyde Road, Ste. 201,
Somerset, NJ 08873
Phone: 732-228-6300
Email: info@totaram.com

 

1. About the Website

Totaram.com provides an interactive service that allows visitors and users to purchase physical bullion as well as ornamental jewelry, such as gold and silver, online or over the phone. Totaram.com provides high quality products to its customers by working closely with jewelry retailers. The Website and related content on the Website should not be considered complete or up to date. Your reliance upon any information provided by Totaram.com , Totaram.com's contractors and employees, others appearing on the Website at invitation by Totaram.com , or other visitors or users of this Website is solely at your own risk. You understand that Totaram.com is not obligated to provide any maintenance, technical or other support for the Website.

Electronic Communications

When you use any Totaram Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Totaram Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2. Ownership of Website and License

You acknowledge and agree that Totaram Jewelers Online is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Totaram Jewelers Online.

Totaram.com hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable license to access and make personal and non-commercial use of the Totaram Services. This license does not include any resale or commercial use of any Totaram Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Totaram Service or its contents; any downloading (other than page caching), copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Totaram or its licensors, suppliers, publishers, rightsholders, or other content providers. No Totaram Service, nor any part of any Totaram Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Totaram. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Totaram without express written consent. You may not use any meta tags or any other "hidden text" utilizing Totaram's name or trademarks without the express written consent of Totaram. You may not misuse the Totaram Services. You may use the Totaram Services only as permitted by law. The licenses granted by Totaram terminate if you do not comply with these Conditions of Use or any Service Terms.

Absent prior written permission from Totaram.com, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Totaram.com.

2a. Other Businesses

Parties other than Totaram operate stores, provide services, or sell product lines through the Totaram Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Totaram does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

3. Copyright and Trademarks

Copyright: All content included in or made available through any Totaram Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Totaram or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Totaram Service is the exclusive property of Totaram and protected by U.S. and international copyright laws.

Copyright Complaints: Totaram respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@totaram.com

Trademarks: All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specially, all Totaram.com marks are the property of Totaram Jewelers Online, including, but not limited to Totaram.com and all Totaram.com logos. The Website, including its look and feel, color selections, layout, and arrangement, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Totaram Service are trademarks or the trade dress of Totaram in the U.S. and other countries. Totaram's trademarks and trade dress may not be used in connection with any product or service that is not Totaram's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Totaram. You are prohibited from using Totaram.com's trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Totaram. All other trademarks not owned by Totaram that appear in any Totaram Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Totaram.

4. Account Registration; Order Policies and Procedures; Fraud.

Account registration and use of the Website is free. You may search, view, and purchase products from this Website as a guest, without registering for an account. If you choose to register an account and create a User Profile, complete the required information. When creating an account or placing an order on the Website, you are agreeing to receive email and/or text notifications. You can opt out of these notifications at any time.

We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code. We may also gather certain types of non-personal information about your visit to protect the security of our members, the Website, or to make our products and services more beneficial to you. All information gathered from you by us will be governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference. In the event of a conflict between the terms and conditions set forth in this Agreement and our Privacy Policy, the terms of the Privacy Policy will control.

You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website. Totaram.com reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.

You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not to reveal your password to others. If you use any Totaram Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that you alone are responsible for your account and all associated User Profiles. You accept full responsibility for any and all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact Totaram.com immediately. You agree to hold harmless and indemnify Totaram.com for any damages that arise out of or in relationship to the use of your Account.

By creating an Account, you agree that Totaram.com , and its designees and agents, may contact you by any available means, including, but not limited to, by phone, by text message, and by email.

You may make purchases, sell to, and order from Totaram.com only in accordance with this Agreement and accompanying policies and procedures. Upon placing an order to purchase or sell with Totaram.com, you have entered into a binding and legally enforceable agreement. Prices and availability are subject to change, without notice.

Totaram does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Totaram Services only with involvement of a parent or guardian. Totaram reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.


When placing an order on the Website, the price at which your order is submitted is the guaranteed price. An "order number" will subsequently be forwarded to you via email. Your credit card information is required to guarantee all orders. In order to reserve your guaranteed price, your payment must be received by Totaram.com within two (2) business days for bank wire orders. All check orders must be postmarked for delivery within one (1) business day. If a check payment is not received in its entirety within ten (10) calendar days of the original order, any market losses between the order date and time of non-payment will be assessed.

A completed order is denoted by our receipt of funds in bank account (wire) or clearance of payment (check). In most cases, orders will be denied if payment is completed after the allotted time frame.

If any order is in error, due to Totaram.com's fault or otherwise, we reserve the right to cancel the order.

When selling to Totaram.com the price is guaranteed. As a general policy, the transaction may not be cancelled but may be offset at Totaram.com 's current purchase price. Sales to Totaram.com must be shipped within one (1) business day and you must contact Totaram.com via email at info@totaram.com or telephone at 732-228-6300 to provide a tracking number so that we can confirm that the product is en route. All products must be received by Totaram.com within five (5) business days, else the customer will be charged any Market Losses as well as a $25 administrative fee. If Totaram.com does not receive the product within five (5) business days but the delay is attributable to the carrier, Totaram.com may extend the deadline, in its sole and absolute discretion.

Without limiting any other legal or equitable rights and remedies that may be available to Totaram.com , in the event of any failure by you to comply with this Agreement, Totaram.com may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in this Agreement.

Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the Website.

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

5. Payment Options

Totaram.com requires that all payments be made via credit card, debit card, bank wire, personal check, certified check, cashier’s check, eCheck, or money order. Depending upon the amount of an order, Totaram.com reserves the right to request additional documentation for certain credit card orders. Totaram.com also reserves the right to hold certified checks, personal checks, cashier’s checks, or money orders for up to ten (10) banking days prior to shipping. In cases of suspected fraud, certified checks, personal checks, cashier’s checks, or money orders may be held up to 45 (forty-five) calendar days, although this is rare. Direct bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize Totaram.com to authorize and capture your credit card payment prior to shipment.

Credit/Debit card payment for products purchased through the Website are processed through a third-party payment processor. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity. You understand and agree that Totaram.com will not be held liable for any user’s failure to complete a transaction entered into through the Website.

Totaram.com expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation.

In the instance of a bounced paper check or eCheck payment, Totaram.com reserves the right to cancel the order and charge administrative fees and market losses, or bill the payable balance to the credit/debit card on file.

6. Payment Instructions

Totaram.com will issue payment instructions to you during the ordering process and via email following completion of your order. Totaram.com does not accept Cash on Delivery orders. Totaram.com reserves the right to cancel orders where payment is not dated within two (2) business days for bank wire orders or one (1) business day for paper check orders.

7. Cancellation Policy

Once you have placed an order with Totaram.com you have entered into a binding legal agreement, and cannot cancel the order. However, after your order has been placed, prior to it being shipped, the Purchase Price ("Purchase Price") may be offset (product sold back to Totaram.com ) at Totaram.com's current Product Price ("Product Price") on the day that we receive your written request for such an offsetting transaction and other restocking fees, other fees and charges as listed below . Credit/debit card orders may not be offset 24+ hours following the time of order creation.

All order offset requests must be made during normal business hours, Monday-Friday, 9:00 AM to 5:00 PM EST. Totaram.com reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.

Offsetting orders may be approved over telephone, live chat, or email, at which time Totaram.com shall provide you with a cancellation confirmation and the total Market Losses and fees. Offsetting orders are subject to our market loss policy, described below. As applicable, the difference between the Purchase Price and the current product Price will determine the fee. In the event of a confirmed cancelled order, you expressly authorize Totaram.com to automatically bill the credit or debit card on file for the difference between the Purchase Price and the current product Price. Alternatively, in the event that your credit or debit card is denied, Totaram.com reserves the right to invoice you, in which case, you expressly agree to pay the amount due, in full, within ten (10) business days. Future orders are not permitted unless and until any cancellation and other related fees are paid in full. Any and all market gains on cancellations shall belong solely to Totaram.com.

For cancelled/offsetting orders, the difference between the Purchase Price and the current product Price will be charged in addition to and other restocking fees, other fees and charges as listed below 

After Totaram.com has shipped the product, the order is final and cannot be canceled. If you refuse shipment the product will be returned to us and you can either pay to have it reshipped or accept Market Loss fees and other restocking fees, other fees and charges as listed below upon return.

In addition, We will charge a 15% re-stocking fee on all cancelled orders. However, if you choose, you can change the item(s) that you ordered to a different item(s) where the total cost of all the item(s) put together is of equal or higher value than the value of your original order. This re-stocking fee does NOT apply if you exchange the item. If you require a refund on your credit card, we will issue it after deducting the restocking fee and the shipping charges. The amount will be refunded back to you by the same mode of payment used by you when you paid for your purchase. The amount will be refunded back to you by check or by issuing a refund back on your credit or debit card, depending on how you made the payment towards your purchase(s). If you made the payment towards your purchase with a combination of credit/debit card and check, then refund will first be issued back on the credit/debit card and then the remaining balance by check.You will NOT be allowed to exchange any item during any sales event held by us. You will be able to exchange only after the sales event. You CANNOT get the prices of sales event for your exchange items.

Cancellation Policy for Ring Orders: In addition to the cancellation policies described above, IF a non refundable ring re-sizing fee was charged when you placed the order, this fee cannot be refunded back. We need to charge this fee because when you order a ring, we size it as per the ring size specified by you, it costs us to get the ring re-sized as per your ring size. If you exchange or return the ring, we still need to charge the ring re-sizing fee and this fee cannot be waived. You will need to pay the shipping charges for the returned item. You cannot return or exchange any product for any reason after 30 days (calender days) of you receiving it. You will NOT be allowed to exchange any item during any sales event held by us. You will be able to exchange only after the sales event. You CANNOT get the prices of sales event for your exchange items.

Cancellation policy for Custom Orders: IF you have placed a custom order or have customized or made any changes to the item (however small or big the change may be) you will NOT have the option to return or exchange or cancel the order or change the ordered item or make more/additional changes to the item or take store credit for that item because that item has been custom made for you as per your instructions. The item will still be guaranteed, only you cannot cancel the order, change the order, return or exchange it.

Totaram.com reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders Totaram.com deems questionable or suspicious, for orders Totaram.com deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Totaram.com does not receive payment within the allotted timeframe.

Totaram.com is not responsible for pricing or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel any and all orders placed with respect to such items. In the event of a cancelled order Totaram.com will contact you directly with notification of the cancellation by phone and/or by email.

 

8. Order Returns, Exchanges and Refunds

Order Returns:

We charge a 15% re-stocking fee, market loss fee and shipping charges on all items that are returned in 30 days (calendar days) of you receiving it, for which you need the money refunded back to you. This re-stocking fee does NOT apply if you exchange the item. You cannot return or exchange any product for any reason after 30 days (calender days) of you receiving it. You must pay for and ship the product back to us with all the original packaging contents including but not limited to the original product, the case/box in which the product was sent, original packaging slip, original diamond certificate or any other documents or paperwork that was sent to you with the product within 30 calendar days from the date that you receive the item and follow the instructions provided to you, at that time. If any of the original packaging contents, products, certificates or paperwork is not returned, Totaram reserves the right to deny the refund, charge you to reship the product back to you or charge you an additional fee to cover the cost of the missing items.

If you require a refund, we will issue it after deducting the re-stocking fee, market loss fee and the shipping charges. The amount will be refunded back to you by the same mode of payment used by you when you paid for your purchase. The amount will be refunded back to you by check or by issuing a refund back on your credit or debit card, depending on how you made the payment towards your purchase(s). If you made the payment towards your purchase with a combination of credit/debit card and check, then refund will first be issued back on the credit/debit card and then the remaining balance by check.

You will NOT be allowed to exchange any item during any sales event held by us. You will be able to exchange only after the sales event. You CANNOT get the prices of sales event for your exchange items.

Return Policy for Ring Orders: In addition to the return policies described above, IF a non refundable ring re-sizing fee was charged when you placed the order, this fee cannot be refunded back. You will need to pay the shipping charges for the returned item. You cannot return or exchange any product for any reason after 30 days (calender days) of you receiving it. You will NOT be allowed to exchange any item during any sales event held by us. You will be able to exchange only after the sales event. You CANNOT get the prices of sales event for your exchange items.

Return Policy for Custom Orders: If you have placed a custom order or have customized or made any changes to the item (however small or big the change may be) you will NOT have the option to return or exchange or cancel the order or change the ordered item or make more/additional changes to the item or take store credit for that item. This policy applies even if your order has not been shipped to you. The item will still be guaranteed, only you cannot cancel the order, change the order, return or exchange it.

Order Exchanges:

If for any reason you do not like the item you have bought, you may return it for an even exchange or a store credit, within 30 days (calender days) from the day you receive your order. You must ship the product back to us with all the original packaging contents including but not limited to the original product, the case/box in which the product was sent, original packaging slip, original diamond certificate or any other documents or paperwork that was sent to you with the product within 30 calendar days from the date that you receive the item and follow the instructions provided to you, at that time. If any of the original packaging contents, products, certificates or paperwork is not returned, Totaram reserves the right to deny the refund, charge you to reship the product back to you or charge you an additional fee to cover the cost of the missing items. You can exchange the product once for any item(s) for which the total is equal to or more than the cost of the item(s) you are exchanging. If you exchange, we will charge the difference if any, to the same credit card used originally or the same mode of payment used originally. You will need to pay the shipping charges for the exchanged item. You cannot return or exchange any product for any reason after 30 days (calender days) of you receiving it. You will NOT be allowed to exchange any item during any sales event held by us. You will be able to exchange only after the sales event. You CANNOT get the prices of sales event for your exchange items.


Exchange Policy for Ring Orders: In addition to the return policies described above, IF a non refundable ring re-sizing fee was charged to you when you placed the order, this fee cannot be refunded back. You will need to pay the shipping charges for the exchanged item. You cannot return or exchange any product for any reason after 30 days (calender days) of you receiving it. You will NOT be allowed to exchange any item during any sales event held by us. You will be able to exchange only after the sales event. You CANNOT get the prices of sales event for your exchange items.

Exchange Policy for Custom Orders: IF you have placed a custom order or have customized or made any changes to the item (however small or big the change may be) you will NOT have the option to return or exchange or cancel the order or change the ordered item or make more/additional changes to the item or take store credit for that item. This policy applies even if your order has not been shipped to you. 

Defective Products:

If the product received by you is defective, you will need to call us and inform us in 24 hours of you receiving it. We will then ask you to pay and ship the product back to us. On receipt of the product back, if the product is infact found to be defective, we will issue you a credit for the return shipping costs, then get the product fixed and shipped back to you at the earlieast possible. If its not possible to get the product fixed, at our discreation we may get a new product made and sent to you at the earlieast possible. We may also at our own discreation choose to issue you a full refund without charging you with any restocking fees, Market loss costs or shipping costs and cancel your order. If there is no defect in the product received by us, we will not pay for the return shipping costs, we will charge you to reship the product back to you or process your order as a return or exchange based on our return/exchange policies

Refunds

Totaram.com's refund, return and exchange policy is limited to 30 calender days from the date that you receive the item. You must notify Totaram.com's Customer Service Department via telephone at 732-228-6300 and ship the product back to us with all the original packaging contents including but not limited to the original product, the case/box in which the product was sent, original packaging slip, original diamond certificate or any other documents or paperwork that was sent to you with the product within 30 calendar days from the date that you receive the item and follow the instructions provided to you, at that time. If any of the original packaging contents, products, certificates or paperwork is not returned, Totaram reserves the right to deny the refund, charge you to reship the product back to you or charge you an additional fee to cover the cost of the missing items. Shipping and handling charges are non-refundable. You are fully responsible to pay for for all taxes, as well as return shipping and handling costs. Totaram.com may reject any returned or exchanged item that does not reasonably conform to these terms. Returns, refunds and exchanges are subject to Totaram.com's order return, order cancellation and our Market Loss Policies. Any and all market gains on refunds, returns, and exchanges shall belong solely to Totaram.com. Once we receive the product(s) back, we will issue a refund back to you based on our policies

8a. International Order Cancellations, Returns, Exchanges and Refunds

Totaram considers any product or order that is being returned back to us that was delivered to any country other than India & USA as an international return. Totaram.com's return and refund policy for international returns is limited to 30 calender days from the date that you receive the item. You must notify Totaram.com's Customer Service Department via telephone at 732-228-6300 and ship the product back to us with all the original packaging contents including but not limited to the original product, the case/box in which the product was sent, original packaging slip, original diamond certificate or any other documents or paperwork that was sent to you with the product within 30 calendar days from the date that you receive the item and follow the instructions provided to you, at that time. If any of the original packaging contents, products, certificates or paperwork is not returned, Totaram reserves the right to deny the refund, charge you to reship the product back to you or charge you an additional fee to cover the cost of the missing items. International custom duties, taxes, custom broker fees, customs clerance costs, Shipping and handling charges are non-refundable. You are fully responsible to pay for for all custom duties, taxes, custom clerance cost, custom broker fees that may be charged to us in order for us to receive your returned item back, as well as return shipping and handling costs. Totaram.com may reject any returned or exchanged item that does not reasonably conform to these terms. Returns, refunds and exchanges are subject to Totaram.com's Market Loss Policy. Any and all market gains on refunds, returns, and exchanges shall belong solely to Totaram.com. Once we receive the product(s) back, we will inform FedEx Crossborder and they will issue a refund back to you based on our return and refund policies as described above. We do NOT allow exchanges for international orders, you can only return the product and take a refund.

International Order Cancellations:

We will charge a 15% re-stocking fee on all cancelled orders. 

Cancellation Policy for Ring Orders: We will charge a 15% re-stocking fee on all cancelled orders. IF a non refundable ring re-sizing fee was charged when you placed the order, this fee cannot be refunded back. You will need to pay the shipping charges for the returned item. You cannot return or exchange any product for any reason after 30 days (calender days) of you receiving it.

Cancellation policy for International Custom Orders: IF you have placed a custom order or have customized or made any changes to the item (however small or big the change may be) you will NOT have the option to return or exchange or cancel the order or change the ordered item or make more/additional changes to the item or take store credit for that item.

 

9. Totaram.com Market Loss Policy

Upon issuance of an order number following a purchase from Totaram.com , the price is guaranteed and you may not cancel the transaction. The transaction may only be offset at Totaram.com’s current product price. If your item is cancelled, you are responsible for any deficit between the price at which Totaram.com sold the item to you, the offsetting purchase price and a 15% restocking fees as well as any other fees and charges that may be applicable as per our cancellation policiy listed in section 7. If your item is returned or if you exchange your item, you are responsible for any deficit between the price at which Totaram.com sold the item to you, the offsetting purchase price as well as any other fees and charges that may be applicable as per our return and exchange policies listed in section 8.  As set forth above, all cancellations, returns and exchanges are subject to our market loss policy and our cancellation, return and exchange policies. Market gains on cancellations or returns shall remain the property of Totaram.com.

Without limiting any other legal or equitable rights and remedies that may be available to Totaram.com, Totaram.com may elect to apply any and all of your funds in its possession to satisfy your monetary obligations and/or may offset any obligations that Totaram.com may have to you. Totaram.com also reserves the right, in its sole and absolute discretion, to apply any/all funds in its possession toward the satisfaction of your obligations to Totaram.com.

10. Shipment

Risk of Loss: All items purchased from Totaram are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Although most orders are shipped within 2 weeks, in extreme circumstances shipment may take up to thirty (30) business days from completed payment, depending upon the manner of delivery. Applicable taxes, as well as shipping and handling charges are not reflected. You are fully responsible for applicable taxes, and shipping and handling charges.

We will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature or if you have given them instructions to leave your package with a third party. When we ship to you, if products are lost or damaged in transit, Totaram.com assumes responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we may file a claim. Once the claim is filed and paid for, we reserve the right to re-ship your items or refund your money at our discretion.

Please note that Totaram.com will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability ceases the moment the package is delivered to the carrier or is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported within 2 business days, else Totaram.com may have to refute any claims.

Overall the Website may contain links to third party websites, applications, or services that Totaram.com does not own or control. You agree that Totaram.com will not be held responsible or liable for the content of third party websites, applications, or services.

The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Totaram.com.

10a. International Shipments

Totaram considers any product or order that is shipped to any country other than India & USA as an international shipment. Totaram.com partners with FedEx Crossborder for the payment, delivery and fulfillment of our international shipments. FedEx Crossborder is one of the biggest and most trusted players in the space. In order to place an order for international delivery, your order will be placed with FedEx Crossborder and you will pay FedEx Crossborder for your purchase. After that, FedEx Crossborder will place an order with Totaram.com and we will ship the products to them and they will inturn have it delivered to you.

Overall the Website may contain links to third party websites, applications, or services that Totaram.com does not own or control. You agree that Totaram.com will not be held responsible or liable for the content of third party websites, applications, or services.

The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Totaram.com.

11. Export Compliance

Each product that Totaram.com sells is subject to all United States export laws. Therefore, no products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders.

12. User Generated Content

Totaram.com may provide you with the ability to submit user generated content to the Website, which may include but is not limited to product reviews. Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User Generated Content posted to public areas of the Website, including as product reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that Totaram.com does not guarantee any confidentiality with respect to any submissions of your User Generated Content.

By submitting User Generated Content to the Website, you grant Totaram.com a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Totaram, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted. Totaram reserves the right (but not the obligation) to remove or edit user generated content, but may not regularly review posted content.

You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

You agree that you are solely responsible for any User Content that you submit to the Site. Totaram.com acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Totaram.com does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.

Totaram.com reserves the right to monitor and edit or remove User Generated Content without prior notice and may, at its sole discretion, monitor and edit or remove User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement. Totaram.com reserves the right to monitor and edit or remove User Generated Content without prior notice for any reason or no reason at all. Totaram.com also reserves the right to terminate a user’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice. Totaram takes no responsibility and assumes no liability for any content posted by you or any third party.

13. Termination

Either Totaram.com or you may terminate this Agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of this Agreement shall not affect the rights and the obligations of Totaram.com or you with respect to the period prior to the date of termination. In addition, failure to timely make payments to Totaram.com will result in termination of services as deemed appropriate by Totaram.com.

14. Section 230 of the Communications Decency Act

You acknowledge and agree that Totaram.com is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Totaram.com may edit, remove, or control the content displayed through the Website, you agree that Totaram.com will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

15. Product Descriptions

Totaram attempts to be as accurate as possible. However, Totaram does not warrant that product descriptions or other content of any Totaram Service is accurate, complete, reliable, current, or error-free.

16. Disclaimers, Exclusions and Limitations

CAUTION: All investments, including coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of Totaram.com. You, and not Totaram.com, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all. Consult your investment or financial advisor prior to purchasing/selling and fully assess whether you possess adequate savings and income prior to considering such an investment. You represent and warrant to Totaram.com that you have sufficient experience and knowledge to make informed financial decisions and that Totaram.com is not making any recommendation with respect to such purchases and/or such sales.

17. Disclaimer of Warranties

TOTARAM.COM PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOTARAM.COM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. TOTARAM.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

TOTARAM.COM WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. TOTARAM.COM IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. TOTARAM.COM RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

TOTARAM.COM WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT TOTARAM.COM’S CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL OF WHICH, ARE OUTSIDE OF TOTARAM.COM’S CONTROL.
PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.

ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TOTARAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, TOTARAM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TOTARAM SERVICES IS AT YOUR SOLE RISK.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers herein may not apply to you insofar as they relate to implied warranties.

18. Limitation of Liability

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOTARAM.COM SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE TOTARAM.COM ONLINE ORDER ENTRY SYSTEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES.

TOTARAM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TOTARAM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TOTARAM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.


TOTARAM.COM SHALL NOT BE LIABLE OR RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, TOTARAM.COM SHALL NOT BE LIABLE  OR RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND TOTARAM.COM’S REASONABLE CONTROL. TOTARAM.COM SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE TOTARAM.COM ONLINE ORDER ENTRY SYSTEM.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. TOTARAM.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

19. Indemnity and Release

You agree to defend, indemnify and hold Totaram.com and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to Totaram.com, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Totaram.com may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without Totaram.com’s consent.

You are hereby agreeing to release the Totaram.com and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.

20. Relationship

The sole relationship between you and Totaram.com is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.

21. No Waiver

Upon your failure to comply with your duties and obligations to Totaram.com, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of Totaram.com in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by Totaram.com of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy. In the event that you fail to comply with this Agreement, you expressly authorize and grant to Totaram.com the right to charge your credit card for any and all market losses incurred by Totaram.com, including, without limitation, administrative fees for accepting your orders to either buy from or sell to Totaram.com as a result of price and market fluctuations for which you did not fulfill.

22. No Assignment

You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of Totaram.com. Such consent may be granted or withheld by Totaram.com at its sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and Totaram.com.

23. Force Majeure

You acknowledge and understand that if Totaram.com and/or the Website are unable to provide the products and/or services as a result of a force majeure event, Totaram.com and/or the Website will not be in breach of any of its obligations towards you under this Agreement. A force majeure event means any event beyond the control of Totaram.com and/or the Website. TOTARAM.COM SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

24. Warranties, Representations, and Restrictions of Website Use

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of ag, you must present this Agreement to your legal guardian for review. Any minors under the age of thirteen (13) are prohibited from utilizing the Website and/or related services.

You warrant and represent that any and all information that you provide to Totaram.com and the Website is accurate and valid. You agree to comply in good faith with the terms and conditions of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, state, national, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside and here you use the Website. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may not attempt to reverse engineer any of the technology used to provide the products and/or services.

In your use of the Website and the products and/or services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services; (viii) use any meta tags or any other "hidden text" utilizing the Totaram.com name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.

25. Resolution of Disputes and Governing Law

Any dispute or claim relating in any way to your use of any Totaram Service, or to any products or services sold or distributed by Totaram or through Totaram.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 17 Clyde Rd, Suite 201, Somerset NJ 08873. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

To the extent permitted by applicable law, you hereby expressly waive your right to a trial by jury in any proceeding or litigation brought against Totaram.com with respect to this Agreement and/or the Website. All disputes arising out of or relating to these Terms & Conditions (including formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in New Brunswick, NJ in accordance with the Rules of the American Arbitration Association. You hereby consent to personal jurisdiction for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Totaram.com will have the right to seek injunctive or other equitable relief in state or federal court located in NJ to enforce these Terms & Conditions or prevent an infringement of a third party’s rights. In the event equitable relief is sought, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of New Jersey, without regard to conflict of laws principles.

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. In the event that Totaram.com takes any action against you, arising out of and/or to enforce your obligations under this Agreement, you expressly agree to pay all of the associated costs and the expenses incurred by Totaram.com, including, without limitation, reasonable attorneys’ fees, in connection with such action. You expressly agree to execute and deliver any/all documents and take such other actions as may be reasonably requested by Totaram.com to carry out this Agreement.

Applicable Law: By using any Totaram Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Totaram.

26. Severability

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or for any reason unenforceable, that provision shall be deemed severable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and shall not affect the validity and enforceability of any remaining provisions of this Agreement and they will remain in full force and effect.

27. Entire Agreement

This Agreement constitutes the entire agreement between you and Totaram.com and governs your use of the Website, superseding any prior agreements.

28. Integration

Totaram.com hereby incorporates its Privacy Policy and its Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Totaram.com.

29. Statute of Limitations

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

30. Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and Totaram.com will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Totaram.com inadvertently collects such personally identifiable information, Totaram.com will delete the personally identifiable information in accordance with its security protocols.

31. Reservation of Rights

All rights not expressly granted herein are reserved to Totaram.com.

32. Privacy

Use of this Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using this Website, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.

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