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Terms and Conditions of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY GEMOLOGY ONLINE COMMUNITY MARKETPLACE. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.STORE.GEMOLOGYONLINE.COM (THE "SITE") AND ALL SERVICES PROVIDED BY GEMOLOGY ONLINE’S COMMUNITY MARKETPLACE ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1. Gemology Online’s Community Marketplace is a Venue

Gemology Online’s Community Marketplace acts as a venue to allow users who comply with Gemology Online’s policies to offer, sell and buy certain goods within a fixed-price format. Gemology Online is not directly involved in the transaction between buyers and sellers. As a result, Gemology Online has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Gemology Online does not pre-screen users or the content or information provided by users. Gemology Online cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Gemology Online does not transfer legal ownership of items from the seller to the buyer.

Gemology Online cannot guarantee the true identity, age, and nationality of a user. Gemology Online encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that Gemology Online is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Gemology Online. You use the Gemology Online service at your own risk.

2. Membership Eligibility

Age: Gemology Online‘s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Gemology Online may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Gemology Online’s Community Marketplace services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Gemology Online’s policies as stated in the Agreement and the Gemology Online policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Gemology Online, each of which is incorporated herein by reference and each of which may be updated by Gemology Online from time to time without notice to you:

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Gemology Online from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Gemology Online’s Community Marketplace of any unauthorized use of your password or any breach of security. You also agree that Gemology Online’s Community Marketplace cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Gemology Online without Gemology Online express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Gemology Online’s Community Marketplace you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your Gemology Online’s Community Marketplace account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Gemology Online’s Community Marketplace services are not available to temporarily or indefinitely suspended Gemology Online members. Gemology Online’s Community Marketplace reserves the right, in Gemology Online’s sole discretion, to cancel unconfirmed or inactive accounts. Gemology Online’s Community Marketplace reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Services

Joining and setting up a shop on Gemology Online’s Community Marketplace is free. Gemology Online charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Gemology Online’s Community Marketplace Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Gemology Online’s Community Marketplace services are effective after Gemology Online’s Community Marketplace provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Gemology Online may choose to temporarily change the Fees Policy and the fees for Gemology Online’s Community Marketplace services for promotional events (for example, free listing days); such changes are effective when Gemology Online’s Community Marketplace posts the temporary promotional event on the Site. Gemology Online may, at Gemology Online’s sole discretion, change some or all of Gemology Online’s Community Marketplace services at any time. In the event Gemology Online introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees and applicable taxes associated with using Gemology Online’s Community Marketplace. Gemology Online’s Community Marketplace keeps accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.

Fees and Termination: If Gemology Online terminates a listing or your account, if you close your account, or if the payment of your Gemology Online’s Community Marketplace fees cannot be completed for any reason, you remain obligated to pay Gemology Online for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge,contact Gemology Online.

4. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Gemology Online’s Community Marketplace published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Gemology Online’s Community Marketplace shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item, not outside links promoting another site.  All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale, following all guidelines in complete disclosure of gem treatments and synthesis in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their Gemology Online’s Community Marketplace shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Gemology Online’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Gemology Online reserves the right to request that a seller modify a shop policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Gemology Online’s Community Marketplace transaction fees, misrepresent the item's location, or use another user's account without permission.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Gemology Online’s Community Marketplace Account and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Gemology Online’s Community Marketplace.

Restricted Activities: Your Content and your use of Gemology Online’s Community Marketplace shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Gemology Online’s Community Marketplace Copyright and Intellectual Property Policy)
  4. Violate this Agreement, Gemology Online’s Community Marketplace, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Gemology Online staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  7. Be obscene or contain child pornography
  8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  9. Host images not part of a listing
  10. Modify, adapt or hack Gemology Online’s Community Marketplace or modify another website so as to falsely imply that it is associated with Gemology Online;
  11. Appear to create liability for Gemology Online or cause Gemology Online’s Community Marketplace to lose (in whole or in part) the services of Gemology Online’s  ISPs or other suppliers
  12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement as posted on Gemology Online’s Community Marketplace.

Furthermore, you may not list any item on Gemology Online’s Community Marketplace (or consummate any transaction that was initiated using Gemology Online’s Community Marketplace service) that, by paying to Gemology Online’s Community Marketplace the listing fee or the final value fee, could cause Gemology Online to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: Gemology Online does not claim ownership rights in your Content. You grant a Gemology Online’s Community Marketplace license solely to enable Gemology Online to use any information or Content you supply Gemology Online’s Community Marketplace with, so that Gemology Online is not violating any rights you might have in that Content. You grant Gemology Online’s Community Marketplace a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Gemology Online’s Community Marketplace to store or re-format your Content on Gemology Online’s Community Marketplace and display your Content on Gemology Online’s Community Marketplace in any way as Gemology Online chooses. Gemology Online will only use personal information in accordance with Gemology Online’s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Gemology Online’s Community Marketplace user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Gemology Online’s Community Marketplace -related communications. Gemology Online has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Gemology Online’s Community Marketplace user to your email or physical mail list. For more information, see Gemology Online’s Community Marketplace Privacy Policy.

Re-Posting Content: By posting Content on Gemology Online’s Community Marketplace, it is possible for an outside website or a third party to re-post that Content. You agree to hold Gemology Online harmless for any dispute concerning this use. If you choose to display your own Gemology Online’s Community Marketplace -hosted image on another website, the image must provide a link back to its listing page on Gemology Online.

Idea Submissions: Gemology Online considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Gemology Online shall not be liable for the disclosure or use of such Material. If, at Gemology Online’s  request, any member sends Material to improve the site (for example through the Forums or to customer support), Gemology Online will also consider that Material to be non-confidential and non-proprietary and Gemology Online  will not be liable for use or disclosure of the Material. Any communication by you to Gemology Online is subject to this Agreement. You hereby grant and agree to grant Gemology Online, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control

Gemology Online’s Community Marketplace does not control the Content provided by users that is made available on Gemology Online’s Community Marketplace. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Gemology Online’s Community Marketplace, you agree to accept such risks and that Gemology Online (and Gemology Online’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Gemology Online’s Community Marketplace. Please use caution, common sense, and practice safe buying and selling when using Gemology Online’s Community Marketplace.

Other Resources: Gemology Online is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Gemology Online’s Community Marketplace does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Gemology Online 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Meetings

Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Gemology Online’s Community Marketplace policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Gemology Online is not involved with user generated groups, the groups' requirements, or the Meetings.

Gemology Online does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Gemology Online does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Groups or User Fees: Some user-generated groups on Gemology Online’s Community Marketplace may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. GEMOLOGY ONLINE IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO GEMOLOGY ONLINE; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY GEMOLOGY ONLINE, AND GEMOLOGY ONLINE HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT GEMOLOGY ONLINE IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, GEMOLOGY ONLINE USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.

9. Resolution of Disputes and Release

In the event a dispute arises between you and Gemology Online’s Community Marketplace, please contact Gemology Online.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in California. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Gemology Online agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you release Gemology Online’s Community Marketplace (and Gemology Online’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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. Gemology Online’s Community Marketplace encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Gemology Online’s Community Marketplace, for the benefit of users, may try to help users resolve disputes. Gemology Online does so in Gemology Online’s sole discretion, and Gemology Online has no obligation to resolve disputes between users or between users and outside parties. To the extent that Gemology Online attempts to resolve a dispute, Gemology Online will do so in good faith based solely on Gemology Online’s Community Marketplace policies. Gemology Online’s Community Marketplace will not make judgments regarding legal issues or claims.

10. GemologyOnline's Intellectual Property

Gemology Online and other GemologyOnline graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Gemology Online’s Community Marketplace Inc. in the U.S. and/or other countries. Gemology Online’s Community Marketplace trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

11. Access and Interference

Gemology Online’s Community Marketplace may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Gemology Online’s Community Marketplace is updated on a real-time basis and is proprietary or is licensed to Gemology Online by Gemology Online’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Gemology Online’s Community Marketplace for any purpose whatsoever, except to the extent expressly permitted by and in compliance with Gemology Online’s API Terms of Use or otherwise without Gemology Online’s prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in Gemology Online’s Community Marketplace sole discretion, an unreasonable or disproportionately large load on Gemology Online’s infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) .
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  4. Bypass Gemology Online’s Community Marketplace robot exclusion headers or other measures Gemology Online may use to prevent or restrict access to Gemology Online’s Community Marketplace

12. Breach

Without limiting any other remedies, Gemology Online may, without notice, and without refunding any fees, delay or immediately remove Content, warn Gemology Online’s Community Marketplace community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Gemology Online suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, The DOs & DON'Ts of  Gemology Online’s Community Marketplace , or other policy documents and community guidelines incorporated herein; Gemology Online is unable to verify or authenticate any of your personal information or Content; or Gemology Online’s Community Marketplace believes that a user is acting inconsistently with the letter or spirit of Gemology Online’s Community Marketplace policies, has engaged in improper or fraudulent activity in connection with Gemology Online’s Community Marketplace or the actions may cause legal liability or financial loss to Gemology Online’s Community Marketplace users or to Gemology Online

13. Privacy

Except as provided in Gemology Online’s Community Marketplace Privacy Policy Gemology Online’s Community Marketplace will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Gemology Online’s Community Marketplace stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

14. No Warranty

GEMOLOGY ONLINE’S COMMUNITY MARKETPLACE, GEMOLOGY ONLINE’S COMMUNITY MARKETPLACE,  SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND GEMOLOGY ONLINE’S COMMUNITY MARKETPLACE, SUPPLIERS PROVIDE GEMOLOGY ONLINE’S COMMUNITY MARKETPLACE,  WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GEMOLOGY ONLINE’S COMMUNITY MARKETPLACE, GEMOLOGY ONLINE’S COMMUNITY MARKETPLACE,  SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND GEMOLOGY ONLINE’S COMMUNITY MARKETPLACE,  SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GEMOLOGY ONLINE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

15. Liability Limit

IN NO EVENT SHALL GEMOLOGY ONLINE, AND (AS APPLICABLE) GEMOLOGY ONLINE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, GEMOLOGY ONLINE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

GEMOLOGY ONLINE’S COMMUNITY MARKETPLACE,  LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF GEMOLOGY ONLINE’S COMMUNITY MARKETPLACE,  SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO GEMOLOGY ONLINE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD GEMOLOGY ONLINE AND (AS APPLICABLE) GEMOLOGY ONLINE’S COMMUNITY MARKETPLACE, PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

17. No Guarantee

GEMOLOGY ONLINE does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Gemology Online’s control.

18. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Gemology Online’s Community Marketplace, service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Gemology Online’s Community Marketplace’s net income).

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

You and Gemology Online’s Community Marketplace are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. Geomology Online’s Community Marketplace Service

Gemology Online’s Community Marketplace reserves the right to modify or terminate the Gemology Online’s Community Marketplace service for any reason, without notice, at any time. Gemology Online reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Gemology Online’s Community Marketplace makes a material change Gemology Online will notify you here, by email, by means of a notice on our home page, or other places Gemology Online’s Community Marketplace deems appropriate. What constitutes a "material change" will be determined at Gemology Online’s sole discretion, in good faith, and using common sense and reasonable judgment.

22. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.

23. Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Gemology Online’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.