Terms of Service

1. THE AGREEMENT

Diamond Review, Inc. (hereinafter referred to as "FindMyJeweler.com", "we", or "us") provides its web site service to you subject to the Terms of Service outlined in this document, which may be updated by FindMyJeweler.com from time to time without notice to you. By accessing this service, you acknowledge that you have read and understood these Terms of Service, and agree to abide by them. You can review the most current version of this document by visiting http://www.FindMyJeweler.com and clicking on the link labeled "Terms of Service".

This Agreement is the complete agreement regarding your usage of the FindMyJeweler.com service, and supercedes any oral or written communication between you and any employee, officer, or affiliate of FindMyJeweler.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by FindMyJeweler.com. You may also be subject to additional terms and conditions that may apply when you use affiliate services, jeweler services, third-party content or third-party software.

The Terms of Service and the relationship between you and FindMyJeweler.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and FindMyJeweler.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of FindMyJeweler.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the FindMyJeweler.com web site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

2. ACCESS TO THE SERVICE

In order to use this web site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide, at your expense, all equipment necessary to make such connection to the World Wide Web, including, but not limited to, a computer and modem or other access device.

3. LIMITATION OF RELIABILITY AND ENDORSEMENTS

FindMyJeweler.com does not represent or endorse the accuracy or reliability of any of the information, content, messages, graphics, drawings, user reviews, or advertisements contained on, distributed through, or linked, downloaded or accessed from this web site, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with this web site. In order to promote the flow of free information, FindMyJeweler.com does not actively edit messages or other content submitted by users. You hereby acknowledge that such messages are the sole opinion of the writer, and agree not to hold FindMyJeweler.com liable in any way for this content. You further acknowledge that any reliance upon any of the information, content, messages, user reviews, or advertisements contained on this web site shall be at your sole risk.

4. ERRORS AND OMISSIONS

FindMyJeweler.com is not responsible for any errors or omissions, or for any losses you or any other third party might incur as a result of our errors or omissions, even if we have been previously advised of such errors or omissions. If you believe there is an error in content within the site, we ask that you click on the "Feedback" link at the bottom of any page within the FindMyJeweler.com web site, and submit a message to us. We will gladly investigate any issues you bring to us. However, any changes we make are at our sole discretion, and we are under no obligation to make any changes you may suggest. FindMyJeweler.com reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of this web site without notice to you. Although FindMyJeweler.com does not actively edit or delete user-submitted content, we reserve the right to do so at any time, with or without notice to you, and with or without cause. You further acknowledge that we have no obligation to delete content which you may find objectionable or offensive.

5. EXTERNAL SITES AND RESOURCES

Because FindMyJeweler.com has no control over external sites and resources, FindMyJeweler.com is not responsible for the availability, accuracy, copyright compliance, legality or decency of material contained in sites listed in any section or in any other external link, including advertisers, that you may access from this web site. You further acknowledge and agree that FindMyJeweler.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such external content, goods or services.

6. INTELLECTUAL PROPERTY

FindMyJeweler.com respects the intellectual property rights of others, and we ask our users to do the same. All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which it originated. You, and not FindMyJeweler.com, are entirely responsible for anything you upload, email, post, or otherwise transmit to us. You agree not to transmit any information to our web site in any way that would constitute copyright infringement. If any page within the FindMyJeweler.com web site contains what you believe to be your work in a way that constitutes copyright infringement, please notify us immediately by clicking on the "Send Us Feedback" link at the bottom of every page on the FindMyJeweler.com web site, and submit a message to us.

Notices of copyright infringement should contain the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity.
4. The address, telephone number, or e-mail address of the complaining party.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. REGISTRATION

There are certain sections within FindMyJeweler.com that require registration. By registering within these areas and using these areas, you agree to provide true and accurate information as requested, and to make timely updates if any of your personal information changes. You are fully responsible for all activity that occurs under your password or account, and you agree to keep your password and account confidential.

We record your email address if you choose to communicate with us via e-mail or if you choose to register. FindMyJeweler.com uses an "opt-in" email policy. If you choose to share your e-mail address, we and member jewelers may contact you periodically with information on jewelry, diamonds and other special offers. If you do not want to receive e-mail from us in the future, please let us know by clicking on the "Contact Us" link on our web site and sending us a message indicating your request.

8. OUR RIGHT TO DISCONTINUE SERVICE

FindMyJeweler.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the web site service with or without notice. You agree that FindMyJeweler.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that FindMyJeweler.com, in its sole discretion, may terminate your account for any reason whatsoever, with or without notice. You agree that FindMyJeweler.com shall not be liable to you or any third party for any termination of your access.

9. THIRD-PARTY VENDORS AND USERS

Your correspondence or business dealings with, or participation in promotions of, advertisers or users found on or through FindMyJeweler.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or user. You agree that FindMyJeweler.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the FindMyJeweler.com web site.

10. OUR PROPRIETARY CONTENT

You acknowledge and agree that FindMyJeweler.com contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through FindMyJeweler.com, advertisers, or users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on FindMyJeweler.com, in whole or in part.

You further agree that all information and data you submit to FindMyJeweler.com, with the sole exception of information that can be used to personally identify you, becomes the licensed property and part of the Proprietary Content of FindMyJeweler.com.

11. FINDMYJEWELER.COM IS A VENUE

FindMyJeweler.com acts as a venue providing information and online resources to assist users who wish to buy diamonds and jewelry. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items offered for sale by any jeweler listed on or referred by our Site, the truth or accuracy of any claims, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

We use many techniques to verify the accuracy of the information our jewelers provide us when they register on the Site. We take reasonable and prudent steps to assure that each jeweler meets certain recognized criteria before allowing them to participate in the Find My Jeweler program. However, because user verification on the Internet is difficult, FindMyJeweler.com cannot and does not confirm each user's purported identity.

Because we are a venue, in the event that you have a dispute with one or more users, you release FindMyJeweler.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

12. INDEMNITY

You agree to indemnify, defend and hold harmless FindMyJeweler.com, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of FindMyJeweler.com's successors, assigns and licensees.

13. WARRANTIES, EXCLUSIONS, AND LIMITATIONS

THE SERVICE AND THE MATERIALS ARE PROVIDED BY FindMyJeweler.com ON AN "AS IS" BASIS, AND FindMyJeweler.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE. IN NO EVENT SHALL FindMyJeweler.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THIS WEB SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FindMyJeweler.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FindMyJeweler.com MAKES NO WARRANTY THAT
(I) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FindMyJeweler.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN OUR TERMS OF SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FindMyJeweler.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF FindMyJeweler.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE SERVICE;
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. ARBITRATION

You agree that any claim, controversy, or dispute arising out of or pertaining to these Terms of Service or your use of the FindMyJeweler.com site shall be resolved by binding arbitration pursuant to California law and not by a lawsuit or resort to court process, except as California law provides for judicial review of arbitration proceedings. Both parties to this contract are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and knowingly accept the use of arbitration. The parties agree that no party shall have the right to sue any other party regarding a dispute except as provided below.

Any dispute shall be submitted to, and conclusively determined by, binding arbitration in accordance with the terms below. The provisions of this Agreement shall not preclude any party from seeking injunctive or other provisional or equitable relief in order to preserve the status quo of the parties pending resolution of the dispute, and the filing of an action seeking injunctive or other provisional relief shall not be construed as a waiver of that party's arbitration rights.

In the case of any dispute between the parties to this Agreement, either party shall have the right to initiate the binding arbitration process by serving upon the other party a demand for arbitration within twelve (12) months from the time the alleged dispute arose.

The arbitrator shall be a neutral arbitrator selected by the parties involved. Within thirty days of service of a demand for arbitration by either party to this agreement, the parties shall endeavor in good faith to select an arbitrator. If they fail to do so within that time period, any party may petition the court for appointment of an arbitrator pursuant to California Code of Civil Procedure section 1281.6.

Any arbitration hearing shall be conducted in Santa Clara County, California. The law applicable to the arbitration of any dispute shall be the law of the State of California, excluding its conflicts of law rules. Except as otherwise provided in this Agreement, the arbitration shall be governed by the California Arbitration Act (Code Civ. Proc., § 1280 et seq., including Code Civ. Proc., § 1283.05). The parties shall be entitled to conduct discovery sufficient to adequately arbitrate their disputes or defenses, including access to essential documents and witnesses, as determined by the arbitrator and subject to limited judicial review. In addition, either party may choose, at that party's discretion, to request that the arbitrator resolve any dispositive motions prior to the taking of evidence on the merits of the dispute. By way of example, such dispositive motions would include, but not be limited to, those which would entitle a party to summary judgment or summary adjudication of issues pursuant to Code of Civil Procedure section 437c or resolution of a special defense as provided for at Code of Civil Procedure section 597. In the event a party to the arbitration requests that the arbitrator resolve a dispositive motion, the arbitrator shall receive and consider any written or oral arguments regarding the dispositive motion, and shall receive and consider any evidence specifically relating thereto, and shall render a decision thereon, before hearing any evidence on the merits of the dispute.

You agree that if the arbitrator finds any dispute to be meritorious, the arbitrator shall have the authority to order all forms of legal and/or equitable relief that would otherwise be available in court and that is appropriate to the dispute, excluding punitive damages. Any decision or award by the arbitrator shall be in writing and shall be specific enough to permit limited judicial review if necessary. The initiating party shall bear all attorneys' fees. However, you agree that the arbitrator, in his or her discretion, may award to the prevailing party the costs and attorneys' fees incurred by that party in participating in the arbitration process as long as they do not exceed those costs or attorney's fees that would be incurred in a court action.

BY YOUR USE OF THE FINDMYJEWELER.COM SITE, YOU AGREE TO HAVE ANY DISPUTE ARISING OUT OF YOUR USE OF THE SITE DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND ARE GIVING UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY YOUR USE OF THIS SITE YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL. IF EITHER PARTY REFUSES TO SUBMIT TO ARBITRATION THEY MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.

15. PROHIBITED OR RESTRICTED ACTIVITIES

Your Information and any items listed as well as your activities on the Site shall not: (1) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (2) be fraudulent, false, misleading, or inaccurate; (3) involve the swapping of counterfeit or stolen items; (4) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (5) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (6) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors; Internet, Computer, and System Related Restrictions and Prohibitions; (7) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (8) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (9) send unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam", with FindMyJeweler.com listed as the contact address, or any use of FindMyJeweler.com's services or systems associated in any way with such mailings; or 10) disclose any Subscriber Code, username, user ID, or password which you may have received from FindMyJeweler.com, and all information to which you have access through password-protected areas of the website and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever, is strictly forbidden. FindMyJeweler.com will immediately terminate, without any warning, the account of any customer who conducts these activities. Findmyjeweler.com also reserve the right to remove customers who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. FindMyJeweler.com reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations, including, but not limited to, UUNet and Navisite. To report spam, please forward the spam to us by clicking on the "Contact Us" link on our website and forwarding the message with all original headers.

Furthermore, you may not engage in any activity (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates any of our restrictions or prohibitions.

NOTICE: Sending unsolicited email advertisements to or through FindMyJeweler.com computer systems will use or cause to be used FindMyJeweler.com servers, some of which may be located in California. Any unauthorized use of FindMyJeweler.com computer systems is a violation of the FindMyJeweler.com Terms of Service, Privacy Policy, and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.