Terms of Service – Silver Cactus Jewelry Policies

Silver Cactus Jewelry (SCJ) — Terms of Service
Last updated: November 11, 2025

OVERVIEW
Welcome to Silver Cactus Jewelry! This website is operated by Silver Cactus Jewelry, also known as “SCJ”, a DBA of NESNAH Group, LLC. Throughout the site, the terms “SCJ”, “we,” “us” and “our” refer to Silver Cactus Jewelry. Silver Cactus Jewelry operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). SCJ is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service and/or Privacy Policy, you should not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT
By accessing or using the Services, you affirm and warrant that you are at least the age of majority in your state or province of residence. You also affirm and warrant that you have provided consent for any minor dependents under your care to use the Services through devices you own, control, or manage. If you access or use the Services on behalf of another individual or entity, you represent and warrant that you have full legal authority to bind that individual or entity to these Terms of Service.
You agree that you are fully responsible for all activity conducted under your account or through any device you own or manage. To access certain features of the Services, including browsing our online store or purchasing any of the products or services we offer, you may be required to provide information such as your email address, billing details, payment information, and shipping information. You represent and warrant that all the information you provide is accurate, current, and complete and that you have the lawful right to provide this it.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - PRODUCT DESCRIPTION, ATTRIBUTION, AND ACCURACY; VINTAGE NATURE, AND REMEDY FOR MATERIAL MISREPRESENTATION
2.1 Vintage/Pre-Owned Product Description and Accuracy
Silver Cactus Jewelry ("SCJ") have made every effort to accurately represent our products and services in our online store. However, colors and appearance may vary based on your device type, display settings, and individual configuration. All sizes and measurements are provided as carefully as possible, but they are approximate and subject to natural variation. Any reliance on site materials is at your own discretion and risk.
We do not warrant that the appearance, color, or quality of any product or service you purchase will meet your expectations or precisely match its depiction in our online store. Product descriptions and details may be updated or changed at any time, without notice and at our sole discretion. We reserve the right to discontinue any product at any time, and/or limit the quantities offered to any person, geographic region, or jurisdiction, on a case-by-case basis.

2.2 “AS-IS” Sale of Vintage/Pre-Owned Items
By visiting, interacting with, or otherwise using our Services, you acknowledge that you have read, understood, and irrevocably agree to be bound by these Terms of Service:
• The items offered for sale are vintage and/or pre-owned and may display characteristics of age, previous wear, patina, or other condition-related features, even when an item appears to be in excellent, unworn, or like-new condition. All such items are offered and sold strictly “AS-IS” and “WITH ALL FAULTS.” By completing a purchase, the purchaser expressly acknowledges and agrees that: (i) age-related and wear characteristics are inherent and expected in vintage and/or pre-owned merchandise; (ii) these characteristics do not constitute defects, misrepresentations, or grounds for rescission; and (iii) except as expressly provided in the stated Return Policy, the Seller disclaims any and all warranties, express or implied, including, without limitation, warranties of condition, merchantability, and fitness for a particular purpose.
• The purchaser further acknowledges and irrevocably agrees that vintage and/or pre-owned items may require periodic inspection, cleaning, adjustment, or other maintenance by a qualified jeweler to preserve their condition and wearability. Such maintenance is a normal and expected aspect of ownership, and any costs associated therewith shall be the sole responsibility of the buyer.
• Silver Cactus Jewelry provides no warranty, guarantee, or assurance of any kind against future wear, breakage, or damage occurring after the expiration of the applicable return period or after the removal of the numbered Insurance Tag. Any such occurrences are considered normal risks of ownership and remain the sole responsibility of the purchaser.

2.3 Authenticity and Attribution
• Silver Cactus Jewelry (“SCJ”) is committed to upholding cultural integrity by identifying, attributing, and describing all items in good faith. Pieces represented as Native American are described based on available evidence, which may include hallmarks, provenance, design characteristics, and/or evaluations by knowledgeable sources. Because most vintage items lack formal documentation, purchasers acknowledge and agree that any information regarding origin, provenance, tribal affiliation, or artisan attribution—whether for signed or unsigned pieces—is an educated opinion provided solely for general informational purposes. 
• SCJ makes no warranties, representations, or guarantees, express or implied, regarding the absolute accuracy, completeness, correctness, or authenticity of any such attributions. Any reliance on these descriptions is entirely at the purchaser's own discretion and risk. Purchasers are encouraged to seek independent evaluation or appraisal to verify any attribution or descriptive information. Such opinions or descriptions shall not constitute grounds for rescission, cancellation, or return beyond the terms of the stated Return Policy.

2.4 General Disclaimer of Information Accuracy
• By using our Services, you acknowledge and agree that all information made available through the Services—whether or not specifically referenced herein—is provided solely for general informational purposes. Silver Cactus Jewelry (“SCJ”) makes no representations or warranties, express or implied, as to the accuracy, completeness, reliability, or usefulness of any such information. Any reliance you choose to place on this information is strictly at your own risk. SCJ expressly disclaims all liability and responsibility for any loss, damage, or harm arising from or related to your reliance on this information, as well as any reliance by other visitors to the Services, or by any third parties who may access or become aware of its contents.

2.5 Buyer’s Limited Remedy for Material Misrepresentation
• In the unlikely event that an item is determined to have been materially misrepresented by Silver Cactus Jewelry (“SCJ”), the purchaser acknowledges, accepts, and irrevocably agrees that their sole and exclusive remedy shall be the return of the item, within thirty (30) calendar days from the delivery date, in its original, unworn condition and with the untampered numbered Insurance Tag securely affixed, for a refund of the purchase price, applicable sales tax, and original shipping cost, if any. No other remedies of any kind shall be available, and the purchaser expressly waives any right to assert otherwise. SCJ shall not be liable for any incidental, consequential, indirect, or special damages, including but not limited to loss of use, loss of value, or loss of opportunity.
For purposes of this policy, “material misrepresentation” is strictly limited to factual inaccuracies concerning the primary materials or Native American origin of a piece. This includes incorrect identification of the primary metal, the primary stone, shell, or coral used, or representing an item as Native American when it is not. Differences in professional opinion regarding tribal affiliation, artisan attribution, stylistic classification, patina or age, condition grading, mine or stone origin, provenance, or any other characteristic not directly related to Native American origin or the accurate identification of primary materials shall not constitute material misrepresentation.
Secondary metals, metal coatings, stones, inlay work, or micro-set decorative elements that, at SCJ's sole discretion, are deemed too small, not easily accessible, or whose layers or coatings are too thin to permit accurate testing or evaluation are expressly excluded from the definition of “material misrepresentation.” These features are considered inherent characteristics of handmade and vintage craftsmanship and are not guaranteed or represented as individually authenticated components.
• The purchaser further acknowledges and irrevocably agrees that the thirty (30) calendar day return period constitutes the sole and exclusive period for inspecting of the item and for asserting any claim of material misrepresentation. Upon expiration of that period, or upon removal of the numbered Insurance Tag, the item shall be deemed conclusively accepted by the purchaser, and no further claims for misrepresentation shall be permitted.
• By completing a purchase, the buyer covenants and expressly agrees that any refund issued pursuant to Silver Cactus Jewelry’s stated policies shall constitute the sole, exclusive, and complete resolution of any dispute, claim, or cause of action arising out of or relating to the purchased item. The buyer further irrevocably waives, releases, and disclaims any and all additional claims, demands, damages, or legal actions of any kind against SCJ, its owners, agents, affiliates, or Shopify, whether known or unknown, arising from or related to the transaction.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Silver Cactus Jewelry ("SCJ") reserves the right to accept or decline any order, for any reason, at its sole discretion. Your order is not accepted until SCJ issues a written confirmation via email. Receipt of payment does not constitute order acceptance. SCJ must receive and process your payment, and review your purchase before your order is deemed accepted. Please review your order carefully prior to submission, as SCJ may be unable to accommodate cancellation requests after an order has been accepted and confirmed by email. If SCJ declines, modifies, or cancels your order, we will attempt to notify you using the email address provided at the time of purchase. It is the buyer's sole responsibility to ensure that SCJ's communications are received and not filtered into spam, junk, or other blocked folders. Failure to monitor or maintain accessible email settings shall not affect the validity of SCJ's notifications or decisions regarding the order. 
Purchases are eligible for return, refund, or store credit only as described in our Return Policy. Certain items may be designated as “Final Sale” and are not eligible for return, exchange, refund, or store credit under any circumstances. By placing an order, you represent and warrant that your purchases are for your own personal or household use only and not for commercial resale or export. SCJ reserve the right to refuse or cancel any order that appears fraudulent, suspicious, resale-intended, or improperly submitted.

SECTION 4 - MODIFICATION TO THE SERVICE, PRICES, AND ACCURACY OF BILLING AND ACCOUNT INFORMATION
Silver Cactus Jewelry ("SCJ") may modify, suspend, or discontinue any part of the Services at any time without prior notice. We are not liable for any such changes. All prices listed on the Silver Cactus Jewelry website are in U.S. dollars, and are determined based on current market value, rarity, and our cost to acquire each piece. The price charged for a product or service will be stated at checkout, along with applicable taxes, fees, and shipping cost, and reflected on your order confirmation email. Unless expressly noted otherwise, posted prices do not include taxes, shipping, handling, customs duties, or import fees. The price of the products offered on our online store may differ from prices offered in physical locations or by third-party retailers. Because each item is unique, we do not offer price matching against other online sellers or merchants with physical stores. SCJ may offer promotions, from time to time, that affect pricing; such promotions are governed by their own terms. If there is a conflict between promotion terms and these Terms, the promotional terms will govern. Regular prices, discounts, and promotions, including free shipping and free returns, are subject to change without notice, at SCJ's sole discretion.
You agree to provide current, complete, and accurate payment and account information for all purchases. You further agree to promptly update all information on file, including your email address, phone number, billing and shipping addresses, and payment details, so that we can process your transactions and communicate with you as needed. My making a purchase, you represent and warrant that: (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use the credit card for the transaction, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay all fees and charges at the posted prices, including shipping and handling charges and all applicable taxes and fees, if any.

SECTION 5 - SHIPPING, DELIVERY & INSURANCE TAG COVERAGE
The purchaser expressly acknowledges and agrees that all delivery times provided by Silver Cactus Jewelry (“SCJ”) are estimates only and are not guaranteed. SCJ shall not be held liable for any delays or delivery failures caused by shipping carriers, customs inspections, inclement weather, acts of God, or any other events or circumstances beyond SCJ’s reasonable control. SCJ reserves the right, in its sole discretion, to require signature confirmation upon delivery. Upon SCJ’s transfer of the purchased item(s) to the shipping carrier, the purchaser is protected by SCJ’s limited insurance coverage in accordance with these Terms:
• The insurance protects the buyer’s investment against theft, loss, or damage while the item is in transit and in the carrier’s possession.
• Upon the carrier’s time-stamped delivery confirmation—not the purchaser’s physical receipt—the insurance converts to limited protection against unintentional damage to the jewelry itself. This protection does not extend to allergic reactions, skin sensitivities, or personal injuries of any kind. Loss and theft are expressly excluded once the carrier confirms delivery. At that point, all risks of loss and theft irrevocably transfer to the individual who completed the purchase.
• This limited protection is strictly contingent upon the numbered Insurance Tag remaining securely affixed to the item.
• The removal of the Insurance Tag constitutes final acceptance of the item and immediately terminates both the limited insurance coverage and return eligibility, even if the thirty (30) day return period has not yet expired.
• If, upon inspection, the purchaser determines that the item has sustained damage in transit and the Insurance Tag remains securely affixed, the purchaser shall notify Silver Cactus Jewelry (“SCJ”) in writing at returns@silvercactusjewelry.com within five (5) calendar days of delivery date and provide clear photographic evidence of the jewelry and its original shipping container. SCJ shall, upon verification, authorize a return following the established procedures in the Return Policy.
• As a general rule, damaged items with a missing or compromised Insurance Tag—including tags that have been removed, altered, or re-attached—are deemed ineligible for return, exchange, refund, or store credit. However, we recognize that each circumstance is unique, and such situations will be reviewed on an individual basis, at SCJ's sole discretion. This review process specifically applies to claims that an item was delivered in damaged condition and with a missing or compromised Insurance Tag. All claims of this nature will be reviewed in coordination with the USPS and the USPS Office of Inspector General to ensure accurate assessment and proper handling. Claims that appear fraudulent following this review may be referred to the appropriate authorities. Because mail tampering is a federal offense, SCJ's policy requires that any missing or compromised Insurance Tag on a damaged item is reported within three (3) calendar days after delivery confirmation by the carrier.
• Any package that arrives with missing contents must be reported within three (3) calendar days of the recorded delivery date and must be accompanied by clear photographic documentation of the original shipping container. SCJ initiates all theft claims with the carrier on the next business day. Silver Cactus Jewelry initiates all theft claims with the carrier on the next business day after a report is received. Carrier investigations begin promptly, with police reports typically filed within three (3) business days when required. Once the investigation process is underway, refunds are generally issued within five (5) to ten (10) business days.
• Upon expiration of the thirty (30) day return period from the delivery date, or upon removal of the Insurance Tag—whichever occurs first—the insurance protection terminates, and title and all risks of ownership irrevocably pass to the purchaser.
By completing your purchase, you acknowledge, understand, and irrevocably agree to these Terms, including your assumption of all risks associated with the use or wear of SCJ products and the limitations of liability described herein.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Silver Cactus Jewelry, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Silver Cactus Jewelry, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Silver Cactus Jewelry.
Silver Cactus Jewelry’s names, logos, product and service names, designs, and slogans are trademarks of Silver Cactus Jewelry or its affiliates or licensors. You must not use such trademarks without the prior written permission of Silver Cactus Jewelry. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL THIRD-PARTY TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Silver Cactus Jewelry is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Silver Cactus Jewelry. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Silver Cactus Jewelry, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Silver Cactus Jewelry.

SECTION 10 - PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read both policies.
Because the Services are hosted and supported by Shopify, Shopify collects, processes, and stores certain personal information related to your access to and use of the Services in order to operate, maintain, and improve its platform. Information you submit to the Services will be transmitted to, processed by, shared, and stored with Shopify and other third-party service providers, some of which may be located outside your country of residence. Please review our Privacy Policy for more details on how Silver Cactus Jewelry ("SCJ"), Shopify, and our partners use your personal information.

SECTION 11 - USER FEEDBACK AND SUBMISSIONS
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant Silver Cactus Jewelry ("SCJ") a perpetual, worldwide, irrevocable, sublicensable, transferable, and royalty-free license to use, reproduce, modify, publish, translate, distribute, display, and otherwise exploit such Feedback in any medium and for any purpose, including for commercial and promotional use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You represent and warrant that (i) you own or have the full legal right and permission to share it and to grant us the rights described above; (ii) you have disclosed any material connection, compensation, or incentive received in connection with your Feedback; (iii) your Feedback is accurate and lawful, and does not infringe, misappropriate, or violate any third-party rights, including intellectual property, privacy, or publicity rights; and (iv) you will comply with these Terms.
You acknowledge and agree that SCJ is not obligated to (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; (3) publish your feedback; or (4) respond to your Feedback. SCJ may, but has no obligation to, monitor, edit, refuse, or remove any  Feedback, in its sole discretion and without notice, if it deems such content unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, irrelevant, false, or otherwise objectionable, or violates any party’s intellectual property, or these Terms of Service.
You acknowledge and agree not to submit Feedback that violates any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that (a) your Feedback will not contain false or misleading statements; (b) include personal attacks, discriminatory, vulgar, or defamatory remarks; (c) include any malware or code intended to disrupt or damage the operation of the Services or any related website. You may not use a false email address, impersonate another person, use false identity, or misrepresent the origin of your Feedback. You remain solely responsible for your Feedback and any consequences arising from it, and you agree to indemnify and hold harmless SCJ, Shopify, and their affiliates from any claims, damages, or losses resulting from your submissions.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, the information provided on or through the Services may contain typographical errors, inaccuracies, or omissions, that may relate, without limitation, to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Silver Cactus Jewelry (“SCJ”) expressly reserves the right to correct any errors, inaccuracies or omissions, and to modify or update information or cancel orders if any information is found to be inaccurate, at any time and without prior notice. If, upon final inspection following a confirmed purchase, any item is determined by SCJ, in its sole discretion, not to conform to the condition originally described on the website, SCJ reserves the right to cancel the confirmed sale. In such cases, SCJ will provide notice to the buyer and issue a full refund to the original form of payment. These rights are reserved to protect the buyer, maintain the integrity of SCJ’s inventory representations, and ensure that all merchandise delivered aligns with the standards and conditions expressly stated at the time of sale.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, to: (a) engage in any unlawful, malicious, or fraudulent activity; (b) violate any international, federal, state, provincial, or local laws, regulations, rules, or ordinances; (c) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees, other users, or any other person; (e) transmit false, misleading, or deceptive information; (f) upload, download, or use any material that violates these Terms of Service; (g) send or procure the sending of any advertising, or promotional material, including "junk mail, " "chain letters," "spam," or other unsolicited communications;  (h) impersonate or attempt to impersonate any person or entity; or (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm Silver Cactus Jewelry, Shopify, or other users, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses, malware, or any other malicious code that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others without their written consent; (d) spam, phish, pharm, pretext, spider, crawl, or scrape the Services; or (e) interfere with or circumvent any security features of the Services, related websites, or the Internet. We reserve the right, at our sole discretion, to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this Agreement, or your access to the Services (or any part thereof) at our sole discretion at any time, with or without notice. You remain responsible for all amounts due up to and including the date of termination.
The following sections, along with any other provisions that by their nature are intended to survive termination, shall continue to apply after termination: Accuracy, Completeness and Timeliness of Information, Remedy for Material Misrepresentation, Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Return Policy, and Privacy Policy.

SECTION 15 - DISCLAIMER OF WARRANTIES
All Services and products provided by Silver Cactus Jewelry ("SCJ") are offered on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied. To the fullest extent permitted by law, SCJ expressly disclaims all warranties, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. SCJ does not warrant that the Services will be uninterrupted, timely, secure, error-free, or free from defects, viruses, or other harmful components. No advice or information, whether oral or written, provided by SCJ or through the Services shall create any warranty not expressly stated herein.
The information presented on or through the Services is made available solely for general information purposes. SCJ does not warrant the accuracy, completeness, or usefulness of such information, and any reliance you place on it is strictly at your own risk. SCJ disclaims all liability and responsibility arising from any reliance placed on such materials by you or any third party.
EXCEPT AS EXPRESSLY STATED BY Silver Cactus Jewelry, ALL SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER IMPLIED WARRANTIES; IN SUCH JURISDICTIONS, SCJ'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

SECTION 16 - SAFETY, ASSUMPTION OF RISK; LIMITATION OF LIABILITY
Jewelry may contain metals, stones, or other materials that could cause irritation, allergic reactions, or injury to certain individuals. By purchasing, possessing, or wearing any item from Silver Cactus Jewelry (“SCJ”), you expressly acknowledge and accept these inherent risks. You agree that SCJ shall not be liable for any allergic reactions, skin sensitivities, or physical injuries resulting from contact with or exposure to any component materials. You hereby waive and release any right to pursue claims, damages, or legal action against SCJ arising from such occurrences.
SCJ may include specific warnings or cautions on individual product pages, such as for sharp edges or delicate components. You agree to read and follow all such warnings, as they are part of your acknowledgment and assumption of the risks associated with using or wearing SCJ products.
The limited insurance protection accompanying your purchase is governed exclusively by SCJ’s Insurance Tag and Return Policy, which defines its scope, duration, and conditions of eligibility. For avoidance of doubt, this limited insurance does not cover allergic reactions, skin sensitivities, or personal injuries of any kind.
The protections and waivers set forth herein are intended to cover all ordinary and inherent risks associated with the use, wear, or handling of SCJ products. To the extent permitted by applicable law, SCJ shall not be liable for any damages, losses, or injuries arising from ordinary use of our products. While nothing in these Terms is intended to limit liability for gross negligence, willful misconduct, or violations of applicable law that cannot be waived, SCJ intends to disclaim liability for all other damages or claim to the fullest extent permitted by law. Customers are responsible for  By completing your purchase, you acknowledge, understand, and irrevocably agree to these terms, assume all risks associated with the use or wear of SCJ products, and accept the limitations of liability set forth herein and in the referenced policies.

Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER Silver Cactus Jewelry, NOR OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR SHOPIFY OR ITS AFFILIATES, SHALL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY TO ANY DAMAGES ARISING FROM (1) YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES; (2) ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT; (3) ANY ERRORS OR OMISSIONS IN ANY CONTENT; OR (4) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Silver Cactus Jewelry, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or any documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will provide notice to you of any claim subject to indemnification. A failure to promptly notify you does not relieve you of your obligations under this Section unless you are materially prejudiced by such delay. We may, at our discretion, control the defense and settlement of any such claim at your expense, including the selection of counsel. However, we will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be  unreasonably withheld. You agree to cooperate in the defense of any indemnified claim, including by providing relevant documents and information.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and/or enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of Silver Cactus Jewelry to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, together with any policies or operating rules posted by us on this site or in connection with the Services, constitute the entire agreement and understanding between you and Silver Cactus Jewelry. They govern your use of the Services and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, including, but not limited to, any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against Silver Cactus Jewelry or Shopify, as the drafting parties.

SECTION 20 - ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment, transfer, or delegation in violation of this provision shall be will be null and void. We may assign, transfer, or delegate these Terms, in whole or in part, and any of our rights or obligations hereunder without your consent or prior notice.

SECTION 21 - GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. You and Silver Cactus Jewelry agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Clark County, Nevada, and both parties hereby consent to the personal jurisdiction and venue of such courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and revisions to our website. It is your responsibility to review this page periodically for any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services after any revisions become effective constitutes your acceptance of those changes. 

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to: info@silvercactusjewelry.com