TERMS OF USE

This document provides important information about services available at Diamonds.Net. Users of the site shall also be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. Such guidelines or rules are herby incorporated by reference into Diamonds.Net Terms of Use. Diamonds.Net also provides additional services which shall be governed by separate Terms of Service. These services currently include RapNet® and INDEX® - Internet Diamond Exchange.

1. Acceptance of terms:
   By using the services provided and accessing the information at Diamonds.Net you agree to the Terms of Use.
   
   
2. Definitions:
   The term diamonds.Net when used in this Terms of Use includes:
• all Rapaport Network Services;
• all Rapaport pricing services including information supplied by Diamonds.Net, Rapaport Diamond Report RapNet and INDEX INTERNET DIAMOND EXCHANGE;
• 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 Diamonds.Net as defined above. The term service?refers to the services provided on the website Diamonds.Net. The term User?includes the individual or company applying for or using the Service.
  
  
3. Changes:
   This Terms of Use may be changed from time to time. Such changes will be posted on Diamonds.Net.
   
   A. TERMS AND CONDITIONS OF SERVICE
   
   
4. Description of Service:
   Diamonds.Net provides access to trading, pricing, news and other information services related to diamonds, gems and jewelry. Certain of the services are for the use of paid up registered Users only.
   
   
5. Proprietary Rights:
   5.1 The User acknowledges and agrees that the Service, its software, information provided by the Service and the content of Diamonds.Net 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.
   
   5.2 The User recognizes that all information provided through Diamonds.Net is copyrighted. The User agrees to respect all intellectual property rights of Diamonds.Net. Any copyright, trademark, logo, printed material, on-line information, news report or article or Rapaport Price List may not be used in any promotion, advertising or publication without the express written permission of Diamonds.Net.
   
   
6. Pricing:
   6.1 While the Service is designed to provide the User with the most accurate diamond pricing information, 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.
   
   6.2 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.
   
   6.3 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. Rapaport prices are limited in that they reflect our opinion of the current market values.
   
   6.4 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.
   
   
7. The User agrees not to:
   7.1 Use the service in any way that violates the laws of the United States and/or any jurisdiction in which the User resides.
   
   7.2 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.
   
   7.3 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.
   
   7.4 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.
   
   7.5 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.
   
   7.6 Attempt or obtain unauthorized access to any part of the Service or computer system.
   
   7.7 Transmit any program or virus through or into the computer hardware or software used or provided by the Service.
   
   7.8 Violate any Trademark, Copyright, agreement, Terms of Service, or Terms and Conditions associated with the Service.
   
   7.9 Use any information provided by the Service or Diamonds.Net 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.
   
   7.10 Misrepresent the information obtained from the Service or alter any document printed from the pages provided by the Service.
   
   7.11 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.
   
   7.12 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.
   
   7.13 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 Diamonds.Net.
   
   7.14 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 Diamonds.Net.
   
   
8. Technical Difficulties:
   From time to time technical difficulties may render the service inoperable. Diamonds.Net does not guarantee uninterrupted service and accepts no liability for any such interruption.
   
   B. IMPORTANT LIMITATIONS
   
   
9. The information provided by Diamonds.Net 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. Diamonds.Net does not guarantee or warrant the accuracy of any information.
   
   
10. DISCLAIMER OF WARRANTIES:
    
    THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
    
    10.1 USE OF THE SERVICE IS AT YOUR SOLE RISK; THE SERVICE IS PROVIDED ON AS-IS AND IS AVAILABLE BASIS. DIAMONDS.NET 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.
    
    10.2 DIAMONDS.NET MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET THE USER 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.
    
    10.3 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.
    
    10.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM DIAMONDS.NET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
    
    10.5 ANY OR ALL WARRANTY IS STRICTLY LIMITED TO THE INDIVIDUAL USER THAT HAS REGISTERED AND PAID FOR THE SERVICE. NO WARRANTY OF ANY KIND IS EXTENDED TO ANY THIRD PARTIES.
    
    
11. DISCLAIMER OF WARRANTIES:
    
    11.1 THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT DIAMONDS.NET 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.
    
    11.2 DIAMONDS.NET SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE RESULTING FROM ANY ERROR OR OMISSION IN THE INFORMATION PROVIDED BY DIAMONDS.NET OR THE SERVICE OR FROM USE OF THE SERVICE EVEN IF CAUSED BY OR RESULTANT FROM THE NEGLIGENCE OR BONA FIDE ERROR ON THE PART OF ITS EMPLOYEES, AGENTS AND CONSULTANTS OR OTHER FAULT (EXCEPT FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE) OF DIAMONDS.NET.
    
    11.3 DIAMONDS.NET 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.
    
    11.4 DIAMONDS.NET DOES NOT GUARANTEE THE ACCURACY OF THE DIAMOND PRICING SERVICE AND GIVES FULL NOTICE THAT DIAMONDS.NET PRICES ARE BASED ON DIAMONDS.NET 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.
    
    
12. 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 Terms of Use.
    
    
13. 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 Diamonds.Net may be made by registered mail to Rapaport USA, Suite 230, 3930 Howard Hughes Parkway, Las Vegas, Nevada 89109.
14. General:The provisions set forth herein constitute the entire Terms of Use between the User and Diamonds.Net. The Terms of Use 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 Diamonds.Net to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such rights or provisions. If any provision of the Terms of Use 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 Use 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 Terms of Use must be filed within one (1) year after such claim or cause of action or forever be barred. The Section titles of the Terms of Use are for convenience only and have no legal or contractual effect.