1. Agreement to Terms. These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you) and Moonstone Pearls LLC,
doing business as Moonstone Pearls, “we”, “us”, or “our”), concerning your
access to and use of the http://www.moonstonepearl.com website as well as any other
media form, media channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site). We are registered in Minnesota, Becker county. You agree that by accessing the Site, you have read, understood, and agreed to be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS
OF USE THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU
MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents
that may be posted on the Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or modifications to
these Terms of Use at any time and for any reason. We will alert you about any changes
updating the “last updated” date of these Terms of Use, and you wave any right to receive
specific notice of each such change. Please ensure that you check the applicable Terms every
time you use our Site so that you understand which Terms apply. You will be subject to and will
be deemed to have been made aware of and to have accepted, the changes in any revised
Term of Use by your continued use of the Site after the date such revised Terms of Use are
posted. The information provided on the Site is note intended for distribution or use by any
person or entity in any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement within such
jurisdiction or county. Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for compliance with local laws,
if and to the extent of local laws are applicable. The Site is not tailored to comply with industry-
specific regulations (Health Insurance Portability and Accountability Act (HIPPA), Federal
Information Security Management Act (FISMA), etc.), so if you interactions would be subjected
to such laws, you may not use this Site. You may not use the Site in a way that would violate
the Gramm-Leach-Bliley Act (GLBA). 2. INTELLECTUAL PROPERTY RIGHTS Unless
otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and the graphics on the
Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein
(“the Marks”) are owned or controlled by us or licensed to us and are protected by copy right
and trademark laws and various other intellectual property rights and unfair competition laws of
the United States, international copyright laws, and international conventions. The Content and
the Marks are provided on the Site “AS IS” for your information and personal use only. Except
as expressly provided in these Terms of Use, no part of the Site and no Content of Marks may
be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for an
commercial purpose whatsoever, without our express prior written permission. Provided that
you are eligible to use the Site, you are granted a limited license to access and use the Site and
to download or print a copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content, and the Marks. 3. USER REPRESENTATIONS
By using the Site, you represented and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary; (3) you have the
legal capacity and you agree to comply with the Terms of Use; (4) you are not a minor in the

jurisdiction in which you reside, or if a minor, you have received parental permission to use this
Site; (5) you will not access the Site through automated or non-human means, whether through
a bot, script, ad or otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you
provided any information that is untrue, inaccurate, not current, or incomplete, we have the right
to suspend or terminate your account and refuse and all the current or future use of the Site (or
any portion thereof). 4. USER REGISTRATION You may be required to register the Site. You
agree to keep your password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable. 5. Products We make every effort to display as accurately as possible the colors,
features, specifications, and details of the products available on the Site. However, we do not
guarantee that the colors, features, specifications, and details of the products will be accurate,
complete, reliable, current, or free of other errors, and your electronic display may not
accurately reflect that actual colors and details of the products. All products are subject to
availability, and we cannot guarantee that items will be in stock. If an item is purchased and it is
determined to be out of stock, we will make every effort to obtain that item from our supplier and
send it to you in a timely manner. In the event that an item purchased was out of stock, and then
determined to be discontinued by our supplier, we will either refund the purchase or replace it at
your request. We reserve the right to discontinue any products at any time for any reason.
Prices for all products are subject to change. 6. PURCHASES AND PAYMENT We accept the
following forms of payment: -Visa -Mastercard -Discover -Paypal -Apple Pay -Buy now pay later
options You agree to provide current, complete and accurate purchase and account information
for all purchases made via the Site. You further agree to promptly update account and payment
information, including email addresses, as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All payments shall be
in U.S. dollars. You agree to pay charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment provided for any
such amounts upon placing your order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment. We reserve the right to refuse,
and order placed through the Site. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These restrictions may include orders placed
by or under the same customer account, the same payment method, and/or orders that use the
same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors. 7. RETURN POLICY As a
whole we mostly do not accept any returns or refunds. If the item arrives defective, you
must contact us within 72 hours of receiving your order with a photograph and
explanation of the issue to our email moonstonepearls.llc@gmail.com. If your pearl falls
off your jewelry within 14 days, you must immediately contact us via email with a picture
and we will then provide you with a return shipping label. You can then choose a refund
or repair. No exceptions to any of these terms. 8. PROHIBITED ACTIVITES Site may not be
used in connection with any commercial endeavors except those that are specifically endorsed
or approved by us. As a user of the Site, you agree not to: • Systematically retrieve data or other
content from the Site to create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us. • Trick, defraud, or mislead us and
other users, especially in any attempt to learn sensitive account information such as user
passwords. • Circumvent, disable, or otherwise interfere with security-related features of the

Site, including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein. • Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Site. • Use any information obtained from the Site
to order harass, abuse, or harm another person. • Make improper use of our support services or
submit false reports of abuse or misconduct. • Use the Site in a manner inconsistent with any
applicable laws or regulations. • Engage in unauthorized framing of or linking to the Site. •
Upload or transmit (or attempted to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any part’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or
maintenance of the Site. • Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or similar data gathering and
extraction tools. • Delete the copyright or other proprietary rights notice from any Content. •
Attempt to impersonate another user or person or use the username of another user. • Upload
or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”). • Interfere with, disrupt,
or create undue burden on the Site or the networks or services connected to the Site. • Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion
of the Site to you. • Attempt to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that accesses the Site, or using or launching any
unauthorized script or other software. • Use a buying agent or purchasing agent to make
purchase on the Site. • Make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false pretenses. •
Use the Site as a part of any effort to compete with us or otherwise use the Site and/or Content
for any revenue-generating endeavor or commercial enterprise. • Use the Site to advertise or
offer to sell goods or services. • Sell or otherwise transfer your profile • Reuse photographs of
our merchandise 9. USER GENERATED CONTRIBUTIONS The Site does not offer users to
submit or post content. We may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site,
including but not limited to text, writings video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the site and through third-party websites. As
such, and Contributions you transmit may be treated in accordance with the Site Privacy Policy.
When you create or make available any Contributions, you thereby represent and warrant that: •
The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party. • You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site and other users of the Site to use
your Contributions in any manner contemplated by the Site and these Terms of Use. • You have
the written consent, release, and/or permission of each and every identifiable individual person

in you Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by the
Site and these Terms of Use. • Your Contributions are not false, inaccurate, or misleading •
Your contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. • Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,
or otherwise objectionable (as determined by us). • Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone. • Your Contributions are not used to harass or threaten
(in the legal sense of those terms) any other person and to promote violence against a specific
person or class of people. • Your Contributions do not violate any applicable law, regulation, or
rule • Your contributions do not violate the privacy or publicity rights of any third party. • Your
Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health of well-being of minors. • Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual preference, of
physical handicap. • Your Contributions do not otherwise violate, or link to material that violates,
any provision of these Terms of Use, or any applicable law or regulation. 10. CONTRIBUTION
LICENSE You and Site agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and your choices
(including settings). By submitting suggestions or other feedback regarding the Site, you agree
that we can use and share such feedback for any purpose without compensation to you. We do
not assert any ownership over your Contributions. You retain full ownership of all your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your contributions
provided by you in any area on the Site. You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions. 11. MOBILE APPLICATION LICENSE
Use License If you access the Marketplace Offerings via a mobile application, then we grant you
a revocable, non-exclusive non-transferable, limited right to install and use the mobile
application on wireless electronic devices owned or controlled by you, and to access and use
the mobile application on such devices strictly in accordance with the terms and conditions of
this mobile application license contained in these Terms of Use. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the application; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the application; (3) violate any applicable
laws, rules, or regulations in connection with your access or use of the application; (4) remove,
alter or obscure any proprietary notice (including any notice of generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6); make sure the
application available over a network or other environment permitting access or use by multiple
devices or users at the same time; (7) use the application for creating a product, service, or
software that is, directly or indirectly, competitive with or in any way a substitute for the
application; (8) use the application to send automated queries to any website or to send any
unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or
our other intellectual property in the design, development, manufacture, licensing, or distribution
of any applications, accessories, or devices for use with the application. Apple and Android
Devices The following terms apply when you use a mobile application obtained from either the
Apple Store or Google Play (each an “App Distributor”) to access the Marketplace Offerings: (1)
the license granted to you for our mobile application is limited to a non0tranferable license to

use the application on a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the application App Distributor’s
terms of service; (2) we are responsible for providing any maintenance and support services
with respect to the mobile application as specified in the terms and conditions of this mobile
application license contained in these Terms of Use or as otherwise required under applicable
law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the mobile application; (3) in the event of any
failure of the mobile application to conform to any applicable warranty you may notify the
applicable App Distributor, and the App Distributor, in accordance with its terms and policies,
may refund the purchase price, if any, paid for the mobile application, and o the maximum
extent permitted by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are
not located in a country that is subject to a U.S. government embargo, or that has been
designated by the U.S. government as a “terrorist supporting” county and (ii) you are not listed
on any U.S. government list of prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the mobile application, e.g., if you have a
VoIP application, then you must not be in violation of their wireless data service agreement
when using the mobile application; and (6) you acknowledge and agree that that App
Distributors are third-party beneficiaries of the terms and conditions in this mobile application
license contained in these Terms of Use, and that each App Distributor will have the right (and
will be deemed to have accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Terms of Use against you as a third-party beneficiary
thereof. 12. SOCIAL MEDIA As part of the functionality of the Site, you may link your account,
with online accounts you have with third-party service providers (each such account, a “Third-
Party Account”) by either: (1) providing your Third-Party Account login information through the
Site; or (2) allowing us to access your Third-Party Account. You represent and warrant that you
are entitled to disclose your Third-Party Account login information to us and/or grant us access
to your Third-Party Account, without breach by you of any of the terms and conditions that
govern your use of the applicable Third-Party Account, and without obligating us to pay any fees
or making us subject to any usage limitations imposed by the third-party service provider of the
Third-Party Account. By granting us access to an Third-Party Accounts, you understand that (1)
we may access, make available, and store (if applicable) any content that you have provided to
and stored in your Third-Party Account (the “Social Network Content”) so that it is available on
and through the Site via your account, including without limitation any friend lists and (2) we
may submit to and receive from your Third-Party Account additional information to the extent
you are notified when your link your account with the Third-Party Account. Depending on the
Third-Party Account you choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you post to you Third-Party
Accounts may be available on and through your account on the Site. Please note that if a Third-
Party Account or associated service becomes unavailable or our access to such Third-Party
Account is terminated by the third-party service provider, the Social Network Content may no
longer be available on and through the Site. You will have the ability to disable the connection
between our account on the Site and you’re through the Site. You will have the ability to disable
the connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOT THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THRID-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We

make no effort to review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may access your email address book
associated with a Third-Party Account and your contacts list stored on your mobile device or
tablet computer solely for purposes of identifying and informing your of those contacts who have
also registered to use the Site. You can deactivate the connection between the Site and your
Third-Party Account by contacting us using the contact information below or through your
account settings (if applicable). We will attempt to delete any information stored on our servers
that was obtained through such Third-Party Account, except the username and profile picture
that is associated with your account. 13. SUBMISSIONS You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information regarding the Site or
the Marketplace Offerings (“Submissions “) provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for
any lawful purpose, commercial or otherwise, without acknowledgement or compensation to
you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that
any such Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions. 14. THIRD-
PARTY WEBSITES AND CONTENT The Site may contain (or you may be sent via the Site or
the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third parties (“Third-Party
content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored,
or checked for accuracy, appropriateness, or completeness by use, and we are not responsible
for any Third party Websites accessed through the Site or any Third-Party Content posted on,
available through, or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practice, or other policies of or contained in the Third-Party Websites
or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or
install any third-Party Content, you do so at your own risk, and you should be aware these
Terms of Use no longer govern. You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which you navigate from the Site or
relating to any applications you use r install from the Site. Any purchases you make whatsoever
in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-
Party Websites and you shall hold us harmless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us harmless from any losses sustained by you
or harm caused to you relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party Websites. 15. SITE MANAGEMENT We reserve the right, but not the
obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Terms of Use,
including without limitation reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to
the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our
sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise

disable all files and content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site and the Marketplace Offerings. 16.
PRIVACY POLICY We care about data privacy and security. By using the site or the
Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site, which is
incorporated into these terms of Use. Please be advised the Site and the Marketplace Offerings
are hosted in the United States. If you access the Site or the Marketplace Offerings from any
other region of the world with laws or other requirements governing personal data collection,
use, or disclosure that differ from applicable laws in the United States, then through your
continued use of the Site, you are transferring your data to the United States, and you expressly
consent to have your data transferred to and processed in the United State. 17. TERM AND
TERMINATION These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE AND THE MARKETPALCE OFFERINGS (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account
for any reason, you are prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even if you may be acting on
behalf of a third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress. 18. MODIFICATION AND INTERRUPTIONS We Reserve the right to
change, modify, or remove the contents of the Site at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the Marketplace Offerings
without notice at any time. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site or the Marketplace Offerings. We
cannot guarantee the Site or the Marketplace Offerings will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance related to
the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any
time or for any reason without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience cause by your inability to access or use the Site or the
Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace
Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases
in connection therewith. 19. GOVERNING LAW These Terms of Use and your use of the Site
and the Marketplace Offerings are governed by and construed in accordance with the laws of
the Minnesota applicable to agreements made and to be entirely performed within the
Minnesota, without regard to its conflict of law principles. 20. DISPUTE RESOLUTION
Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by

either you or us (individually a “Party” and collectively, the “Parties”), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below) informally
for at least thirty (30) days before initiating arbitration. Such informal negotiations commence
upon written notice from one party to the other Party. Binding Arbitration If the Parties are
unable to resolve a Dispute through information negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE
THE RIGHT TO SUE IN COURT AND HAVE A JURTY TRIAL. The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules of the American Arbitration
Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA
website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be
governed by the AAA Consumer Rules and, where appropriate, limited by the AA Consumer
Rules. The arbitration may be conducted in person, through the submission of documents, by
phone, or online. The arbitrator will make a decision in writing, but need not provide a statement
of reasons unless requested by either Party. The arbitrator must follow applicable law, and any
aware may be challenged if the arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take place in either [enter county
and state]. Except as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment
on the aware entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than
arbitration, the dispute shall be commenced or prosecuted in the state and federal courts
located in Becker County, Minnesota, and the Parties herby consent to, and waive all defenses
of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction
in such state and federal courts. Application of the United Nations Convention on Contracts for
the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA)
are excluded from these Terms of Use. In no event shall any Dispute brought by either Party
related in any way to the site be commenced more than one (1) years after the cause of action
arose. If this provision is found to be illegal or unenforceable, then neither party will elect to
arbitrate any dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of a competent jurisdiction within
the courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court. Restrictions The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration
shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons. Exceptions to Informal Negotiations and Arbitration The
Parties agree that the following disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) and Dispute relating to, or arising from, allegations
of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate and
Dispute falling within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the court listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 21.
CORRECTIONS There may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the marketplace Offerings, including descriptions,

pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and change or update the information on the Site at any time,
without prior notice. 22. DISCLAIMER THE SITE IS PROVIDED ON AN AS-IS AND AS-
AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT
YOUR SOLD RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMNENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVES AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THOURGH THE SITE BY AND THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GAURANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN
ANYWAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION
WHERE APPROPRIATE. 23. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR
DIRECTORS, EMPLOYEES, OWNERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATE, OR OTHER DAMAGES ARSING FROM YOUR USE OF OUR SITE AND PURCHASE
OF OUR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CUASE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING OR $100.00. CERTAIN US STATE LAWS AND
INTERNATINOAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMIATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 24. INDEMNIFICATION You agree to
defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, owners, partners and employees, from and against any loss,

damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of: (1) use of the site; (2) breach of these Terms of Use;
(3) any breach of your representations and warranties set forth in these Terms of Use; (4) your
violation of the rights of a third party, including by not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it. 25. USER DATA We will maintain certain data that you transmit to the
Site for the purpose of managing the performance of the Site, as well as data relating to your
use of the Site. Although we perform regular routine backups of data, you are solely responsible
for all the data that you transmit or that relates to any activity you have undertaken using the
Site. You agree that we shall have no liability to you for any loss or corruption of any such data,
and you herby waive any right of action against us arising from any such loss or corruption of
such data. 26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATIED OR COMPLETED BY US OR
VIA THE SITE. You hereby waive an rights or requirements under any statues, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of credits by any means
other than electronic means. 27. CALIFORNIA USERS AND RESIDENTS If any complaint with
us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or
(916) 445-1254. 28. MISCELLANEOUS These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of
these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control, specifically items
sent through mail. If any provision or part of a provision of these Terms of Use is determined to
be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable
from these Terms of Use and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms or Use or use of the Site. You agree that these
Terms of USE will not be construed against us by virtue of having drafted them. You hereby
waive any and all defenses you may have based on the electronic form of these Terms of Use
and the lack of signing by the parties hereto execute these Terms of Use. 29. CONTACT US In
order to resolve a complaint regarding the Site or to receive further information regarding the
use of the Site, please contact us at: moonstonepearls.llc@gmail.com