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Last updated: December 4, 2006
Welcome to RapNet® Diamond Trading Network. Herein please find the RapNet Terms of Service.
A. GENERAL
- Terms of service
This Terms of Service (“TOS”) comprises of this document as well as the Rapaport Code of Conduct, Diamonds.Net Terms of Use and the Diamonds.Net Privacy Policy. Each part of the TOS forms an integral and inseparable part of the TOS.
- Acceptance of terms
By using the services provided and accessing the information at Diamonds.Net you agree to the TOS.
- Definitions:
The term “Rapaport” when used in this TOS includes:
- all Rapaport Network Services;
- all Rapaport pricing services including information supplied by Diamonds.Net, Rapaport Diamond Report ®, RapNet ® and INDEX ®;
- Diamonds.Net, its employees, agents and consultants; and
- Martin Rapaport and all companies owned by Martin Rapaport and their employees, agents and consultants.
- All disclaimers of warranty and limitations of liability in this agreement apply to Rapaport
- The term “Service” refers to the services provided by Diamonds.Net.
- The term “User” includes the individual or company applying for or using the Service.
- Changes:
This TOS may be changed from time to time. Such changes will be posted on Diamonds.Net.
B. TERMS AND CONDITIONS OF SERVICE
- Description of Service:
5.1 Rapaport provides access to trading, pricing, news and other information services related to diamonds, gems and jewelry. The information is for the use of paid up registered Users.
5.2 While the Service is designed to provide the User with the ability to buy, sell, list and price diamonds, the information about diamonds does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort as for buying or selling of diamonds.
5.3 Furthermore, diamond grading and pricing is based on subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the service or the expertise of those providing information via the service.
- Access to the Service:
6.1 Access to the Service is only provided to registered paid up Users. User must provide, at User's own cost, all telephone, computer, modem and other equipment and software necessary to access and use the Service and shall be responsible for all charges necessary for such access and use.
6.2 All Users must complete an application request for membership and access to the Service. Rapaport reserves the right to refuse membership. False or misleading information submitted upon registration will result in denial of access to the Service.
6.3 Access to the service is limited to the individual registered User and is not transferable. The User is responsible for maintaining the confidentiality of the access login and password and may not share it with any third parties. Rapaport reserves the right to restrict, limit or terminate any or all Services provided to any User at any time for any reason subject to the condition that Rapaport will refund on request the balance of any money paid for the service.
6.4 Access to the Service is conditional on the User complying with the TOS. Users not complying with the TOS may have their membership and access to the Service limited, restricted or terminated without notice.
- Listing and trading of diamonds:
7.1. Kimberley Process
Only diamonds meeting the Kimberley Process rules and regulations may be listed or traded through the Service and/or Rapaport. No diamond may be listed or traded unless:
- The diamond was purchased from suppliers who have warranted to the User that the diamond is “conflict free” ; or
- The User can guarantee from personal knowledge that the diamond is conflict free.
All Users must supply invoices in respect of sales to other Users. All diamonds sold or traded via Rapaport must contain one of the following declarations on the invoices:
- The diamonds herein invoiced have been purchased from legitimate sources not involved in funding conflict and in compliance with United Nations resolutions. The seller hereby guarantees that these diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of these diamonds.
OR
- The diamonds herein invoiced were acquired by the seller prior to January 1, 2003 and were purchased from sources believed to be reliable. The seller hereby guarantees that they have no personal knowledge or reason to believe that these diamonds are conflict diamonds which have been traded in violation of any United Nations Resolution.
7.2 Treated diamonds
Treated and enhanced diamonds (laser drilled, clarity enhanced, irradiated, HPHT) may be listed and traded on the Service or Rapaport, however full disclosure must be made as to the process and the effect of the treatment. All Users must disclose the treatment when listing the diamond and on the invoice to the purchaser. Should any User be found to have listed or traded such a diamond without such full prior disclosure, their access to the Service will be permanently terminated without notice.
7.3 Listing (uploading) diamond information
- Users may not list (upload) diamonds with inaccurate, false or misleading information.
- Users must provide accurate information on the availability of their diamonds listed.
- Users must update the pricing and availability information every 14 days.
- Users who violate any of the above provisions will be subject to having their membership revoked and/or be excluded from our network.
7.4 Downloading Diamond Information
- Users may allow other RapNet members to download inventory of their diamonds listed for sale on RapNet by setting permissions on their account and using the Grant Permissions form
- Users will be able to grant specific RapNet members permission to download their inventory through completing the Grant Permissions form.
- Users may not download diamond listings without having applied for and been granted permission in writing by Rapaport.
- Diamonds belonging to other RapNet Users may not be downloaded for listing with any competitive diamond trading networks.
- Users who violate any of the above provisions will be subject to having their membership revoked and/or be excluded from our network.
- Fees:
The various pricing structures and Service options will be displayed on Diamonds.Net. Rapaport reserves the right to amend the pricing structure from time to time. Any changes will be posted on Diamonds.Net.
- Customer Satisfaction Guarantee:
Should the User be unhappy with the Service for any reason a full refund of money paid will be made (less $30.00 cancellation fee) provided that the User requests the refund via email support@diamonds.net within five (5) days of first subscribing. In the event that the User has used the service for more than five (5) days a partial refund will be made, based on the number of months remaining of the User's subscription.
- The User agrees not to:
10.1 Use the service in any way that violates the laws of the United States and/or any jurisdiction in which the User resides.
10.2 Access the service in any unauthorized manner including but not limited to reverse engineering computer code or the underlying logic of the pricing and trading system.
10.3 Access the system for the purpose of copying the software, logic, look and feel, or any features of the system for use in any competitive system.
10.4 Disturb, interfere or disrupt the service, computer hardware or software providing the Service, including automatic downloads of queries via Users computer programs and/or use or access of the service in any manner for which it has not been designed or authorized.
10.5 Upload, post, email, transmit or make available anything that contains computer codes, viruses, files or programs that interrupt, destroy, or limit the functionality of any computer software, hardware or other equipment.
10.6 Attempt or obtain unauthorized access to any part of the Service or computer system.
10.7 Transmit any program or virus through or into the computer hardware or software used or provided by the Service.
10.8 Violate any Trademark, Copyright, agreement, Terms of Service, or Terms and Conditions associated with the Service.
10.9 Use any information provided by the Service or Rapaport to establish a competing diamond trading and pricing or information service. This specifically includes the use of Rapaport price information as the basis for quoting diamonds as a percentage of Rapaport Diamond Prices on competing diamond trading Networks.
10.10 Misrepresent the information obtained from the Service or alter any document q printed from the pages provided by the Service.
10.11 Provide false or misleading information including but not limited to cloaking or altering the information that identifies the source, time and location any contact made with the Service via the Internet.
10.12 Print, save, copy or distribute any of the information provided by the website except for the information provided to the User in response to requests about prices for diamonds and listing of diamonds.
10.13 Review, copy and/or download any news, analysis, or other information by any news, information or Internet service or company that provides information to the diamond, gem and jewelry trade and/or competes with the information services provided by Rapaport.
10.14 Review, copy or download any diamond prices, listings of diamonds for sale, or buy requests for use, including partial or derivative use, in any other website, or trading system available to third parties without written permission from Rapaport.
- Proprietary Rights:
The User acknowledges and agrees that the Service, its software, information provided by the Service and the content of Rapaport Services contain proprietary and confidential information. The User agrees not to copy, disclose, or use in any manner information provided by or through the Service.
The User recognizes that all information provided through Rapaport is copyrighted by Rapaport. The User agrees to respect all intellectual property rights of Rapaport. Any copyright, trademark, logo, printed material, on-line information, or price report of Rapaport may not be used in any promotion, advertising or publication without the express written permission of Rapaport.
- Technical Difficulties:
From time to time technical difficulties may render the service inoperable. Rapaport does not guarantee uninterrupted service and accepts no liability for any such interruption. In the event that access to the service is limited for more than 24 hours Rapaport will extend the time that Service is available to the User.
C. IMPORTANT LIMITATIONS
- The information provided by Rapaport is not a recommendation or suggestion of any kind to buy or sell diamonds; nor is it an appraisal, guarantee of value, warranty, valuation, or offer to buy or sell. Rapaport does not guarantee or warrant the accuracy of any information and does not guarantee that any User will fulfill any obligations made on or through the Service. Pricing provided is an estimate of value that should only be used as a general guideline for price discovery.
- Trading:
Rapaport has not examined any of the diamonds that are listed on Rapaport. Information provided by the Service is based on diamond grading information listed on the system by the Users. Such information may be wrong and thereby result in inaccurate pricing or grading analysis. The use of the Service by the User is on his or her own account and risk and Rapaport provides no guarantee for accuracy of the information listed on the Service by Users.
- Pricing:
Diamond grading laboratories and the jewelry trade use diamond grading techniques and standards that are based on subjective methods of analysis. Diamond grades may vary each time a diamond is submitted for re-examination and often vary from laboratory to laboratory depending on the grading standards of the laboratory and the accuracy and training of their gemologists. Online pricing and quality information provided by the Service is the result of an automated electronic response system and subject to the limitations inherent to such systems. Furthermore, the online information and the information provided via the telephone Helpdesk is based on the subjective opinions of Rapaport, his employees, agents and consultants. No guarantee is made or implied as to the accuracy or validity of any information provided by the Service and/or the level of expertise of any information system or individual providing information via the Service.
- Rapaport prices or availability information should only be used as a general guideline for discovering diamond prices. Rapaport prices or availability information should only be used as a general guideline for discovering diamond prices. Rapaport prices do not replace the physical examination of a diamond by a knowledgeable appraiser who determines the quality and value of specific diamonds. Each diamond's value depends on its unique characteristics, some of which may not be included in the information on a diamond grading report or the information provided by the User. Rapaport prices are limited in that they reflect our opinion of the current market values based on the description and information the User provides. There is no guarantee that the opinion of Rapaport and/or that the grading information provided by a laboratory or seller is accurate. Diamond pricing and diamond grading are not an exact science. While we believe that the information we provide will help you make a reasonable and rational decision when buying or selling a diamond, our information is not perfect and should be complemented with the normal due diligence that a consumer should apply when buying or selling a diamond. Our objective is to provide a reasonable price estimate based on our opinion of the price at which similar diamonds are available in the marketplace.
- Diamond prices often vary significantly from seller to seller. The identity of the seller, their location and the conditions of sale can all have a major impact on price. Numerous additional factors including the reputation of the seller, brand value, design of the jewelry containing the diamond, and added value services such as consumer credit , and return privileges are important components of value and also have impact on the price of a diamond. Our pricing Service does not resolve the variances in price that are attributable to the various added value propositions provided by different types of retailers. Therefore the consumer should only use our information as a guideline and independently take into consideration the added value considerations applicable to various types of sellers. The prices provided by the Service may be substantially higher or lower than actual transaction prices in the retail markets.
- Rapaport does not have any known ownership interest in any diamond submitted to the Service. Rapaport does however have extensive interests in the diamond industry worldwide including diamond brokerage operations and online diamond trading and sales companies. In some instances diamonds submitted may be listed on our trading Network as well as offered for sale by companies that buy diamonds from Rapaport associated companies that earn a commission if the diamonds are sold. Users are protected by the fact that the programs used by the Service analyze diamond-grading characteristics in an objective manner without regard to the source of the diamonds.
- DISCLAIMER OF WARRANTIES:
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
19.1 USE OF THE SERVICE IS AT YOUR SOLE RISK; THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. RAPAPORT 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.
19.2 RAPAPORT MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET THE USER'S 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.
19.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM
RAPAPORT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
19.4. ANY OR ALL WARRANTY IS STRICTLY LIMITED TO THE INDIVIDUAL USER THAT AS REGISTERED AND PAID FOR THE SERVICE. NO WARRANTY OF ANY KIND IS EXTENDED TO ANY THIRD PARTIES.
- LIMITATIONS OF LIABILITY:
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT RAPAPORT 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 RAPAPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR 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 ALTERATIONS OF YOUR TRANSMISSIONS OR DATA (IV) STATEMENTS OF CONDUCT OF ANY THIRD PARTY AS THE RESULT OF ANY USE OF THE SERVICE (V) AND ALL OTHER MATTER RELATING TO THE SERVICE.
RAPAPORT CAN PROVIDE THE INFORMATION AVAILABLE VIA THE SERVICE FOR A RELATIVELY SMALL FEE ONLY BECAUSE OF THE LIMITATIONS OF LIABILITY AND WARRANTY EXPRESSED IN THESE TERMS AND CONDITIONS AND TAC. IN ALL INSTANCES RAPAPORT DOES NOT ASSUME ANY LIABILITY EXCEEDING THE FEE PAID BY THE USER TO USE THE SERVICE.
RAPAPORT SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE RESULTING FROM ANY ERROR OR OMISSION IN THE INFORMATION PROVIDED BY RAPAPORT OR THE SERVICE OR FROM USE OF THE SERVICE EVEN IF CAUSED BY OR RESULTANT FROM THE NEGLIGENCE OR OTHER FAULT (EXCEPT FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE) OF RAPAPORT.
RAPAPORT SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY ERROR IN OR OMISSION FROM THE INFORMATION PROVIDED BY THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RAPAPORT DOES NOT GUARANTEE THAT DIAMONDS LISTED ON THE TRADING NETWORK WILL BE SOLD TO ANY OF THE USERS; NEITHER DOES THE SERVICE PROVIDE ANY AUTHORIZATION OF THE SAID GRADING SUGGESTED BY THE LISTERS, OF THE DIAMONDS.
RAPAPORT DOES NOT GUARANTEE THE ACCURACY OF THE DIAMOND PRICING SERVICE AND GIVES FULL NOTICE THAT RAPAPORT PRICES ARE BASED ON RAPAPORT'S SUBJECTIVE OPINION OF MARKET PRICES, MARKET CONDITIONS AND THE RELATIVE VALUE OF VARIOUS TYPES, SIZES AND QUALITIES OF DIAMONDS. DIAMOND GRADING, PRICING AND ANALYSIS IS NOT AN EXACT SCIENCE AND IS BASED ON THE SUBJECTIVE OPINION AND ANALYSIS OF THE PERSON PROVIDING THE INFORMATION. WE DO NOT GUARANTEE THE ACCURACY, AUTHENTICITY OR RELIABILITY OF ANY DIAMOND GRADING REPORT OR OTHER INFORMATION BEING PROVIDED BY YOU. THAT IS THE BASIS OF OUR PRICING SERVICE.
RAPAPORT EMPLOYEES MAY PROVIDE USERS WITH PERSONALIZED INFORMATION VIA EMAIL, TELEPHONE OR IN WRITING. THIS INFORMATION IS BASED ON THE SUBJECTIVE OPINION OF THE INDIVIDUAL PROVIDING IT. WHILE WE WILL MAKE EFFORTS TO ASSURE THAT OUR EMPLOYEES, AGENTS, ASSOCIATES AND/OR CONSULTANTS ARE KNOWLEDGEABLE ABOUT DIAMONDS AND DIAMOND PRICES, WE DO NOT GUARANTEE THE ACCURACY, EXPERTISE, EXPERIENCE, BACKGROUND OR KNOWLEDGE LEVEL OF ANY PERSON PROVIDING INFORMATION.
- Exclusions and Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, the disallowed exclusions should be regarded as deleted and severable from the TOS.
- Notice:
Notices to Users may be made via either Email or regular mail. The Service may also provide notices of changes to the terms and conditions or other matters by displaying such notices or links to revised terms and conditions on the Service. Notice to Rapaport may be made by registered mail to Rapaport USA , Suite 230 , 3930 Howard Hughes Parkway , Las Vegas , Nevada 89109 .
- General:
The TOS set forth herein constitute the entire agreement between the User and Rapaport. The TOS governs the Users use of the Service and supercede any prior agreements. This agreement shall be governed by the laws of the State of Nevada . The failure of Rapaport to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such rights or provisions. If any provision of the TOS 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 TAC remain in full force and effect. The User agrees that regardless of any law to the contrary any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action or forever be barred. The Section titles of the TOS are for convenience only and have no legal or contractual effect.
Links to other important Terms of Services documents:
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