GemGate Website User Agreement and Disclaimer Notice

Last updated 03/24/08

LEGAL NOTICE, DISCLAIMER, AND TERMS OF USE
This domain www.GemGate.com (and all other GemGate.com linked pages) website is a complimentary informational service offered by GemGate at no charge to it’s users, with the express condition that the users agree to be bound by the terms and conditions set forth in this User Agreement. GemGate reserves the right to change these terms and conditions at any time. It is the user’s responsibility to read and understand the most recent version of this User Agreement (not an older cached version) each time GemGate.com is viewed. Access to and use of this Web site is provided subject to these terms and conditions. Please read these terms and conditions and understand them, for your use of this website constitutes your acceptance of these terms and conditions.

DISCLAIMER OF WARRANTY
GemGate, www.GemGate.com, A Diamond Affair and Lovelady Diamond operate under the single entity “Lovelady Diamond” and will be referred to as GemGate hereafter. You acknowledge that the services provided and information contained in GemGate is provided “As Is” for general information only. GemGate makes no warranties of any kind regarding the contents of GemGate including, but not limited to, any warranty of accuracy, completeness, currency, reliability, implied merchantability or implied fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements. GemGate makes no warranty, representation or guaranty that the Information may be relied on for any reason, that the Information will be uninterrupted or error-free or that any defects can be corrected. All warranties, including the implied warranty of merchantability, non-infringement and implied warranty of fitness for a particular purpose are hereby expressly disclaimed. GemGate shall have absolutely no liability in connection with the Information including without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from information or lack of information on GemGate.com. You agree GemGate shall have no liability for: (1) any loss or injury caused, in whole or in part, by its actions, omissions or negligence or for contingencies beyond its control, in procuring, compiling or delivering the Information; (2) any errors, omissions or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or (3) any decision made or taken or not taken in reliance upon the Information.

You agree that you will hold harmless GemGate and its governors, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this website or the Information contained in this website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will GemGate or the contributors of information to this website be liable to you or anyone else for any decision made or action taken by you in reliance on such Information or for any consequential, special or similar damages, even if GemGate or the contributors of information are advised of the possibility of such damages.

You acknowledge that opinions and recommendations contained in this Web site are not necessarily those of GemGate or endorsed by GemGate.

Diamond and Watch Information Disclaimer
The Information provided in or made available through the GemGate.com (including, but not limited to, message boards, text files) is not intended to replace the services of a trained jeweler, gemologist or timepiece expert regarding analysis or appraisal of any particular gem, diamond, jewelry or timepiece item or to be a substitute for their advice regarding value or other commercial evaluation. The user is advised to consult with an expert in the item in question, prior to selling or purchasing such.

Linking To GemGate.com

A link is allowable to GemGate.com from another website, provided you agree to the link conditions described below. By establishing a link GemGate.com you agree to these link conditions.

  1. that the link solely consists of the image and text supplied by GemGate;
  2. that you will update all images and text within ten days after receipt of notice of any changes from GemGate. GemGate reserves the right to modify images and text at any time;
  3. that the link must “point” to one or more of the www.GemGate.com pages with the proper URL ending.
  4. that all trademarks and copyrights are the property of GemGate and shall not be distributed or used for the purposes outside of intended information given.
  5. that you will not use the link or link button to disparage GemGate and its services;
  6. that the appearance, position and other aspects of the link button may not be such as to misrepresent your relationship with GemGate, or present false or misleading impressions about GemGate or its services;
  7. that the appearance, position and other aspects of the link button may not create the false appearance that you or any non-GemGate entity or any non-GemGate product or service is associated with, or endorsed, or sponsored by GemGate;
  8. that the link, when activated by a user, must display this website’s full-page and not with a “frame” on the linked Web site or use other techniques which alter the visual presentation or content of GemGate’s website, such as the imposition of browser windows, third party content or any other modifications;
  9. that the link button may only be used on your Web site, and not for any other purpose including, but not limited to promotion, advertising or publicity for your website;
  10. that the link button must be displayed adjacent to a reference to GemGate or at the bottom of that same page;
  11. that the link button must be surrounded on all sides by a clear zone. The clear zone must measure no less than the height of the button;
  12. that you may not alter or change the link button in any way, including color, size, proportions, etc. or animate or change its perspective;
  13. that you may not deviate or edit any of the technical code that accompanies the button;
  14. that the linking website may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups;
  15. that GemGate has the right to terminate this Agreement with or without cause at any time, and may amend this Agreement without notice at any time;
  16. that you agree to defend, indemnify and hold GemGate, its trustees, officers, employees and agents from and against any claims, demands, damages, causes of action, loss or judgments arising from your breach of this Agreement or your hyperlink to the GemGate website.

You expressly agree that the use of GemGate’s materials, marks, link button and web site is at your sole risk. GemGate does not warrant that its service will be uninterrupted or error free, GemGate provides this access “as is” without warranty of any kind. GemGate disclaims all warranties, express or implied, including, but not limited to the implied warranty merchantability, implied warranty of fitness for a particular purpose and warranty of non-infringement. In no event will GemGate be liable for any direct, indirect, incidental, special or consequential damages including, but not limited to loss of profit, loss of date, loss of business or other loss arising out of or resulting from this agreement or the use of any of the materials, marks or link button under this agreement or access to any of the services described in this agreement even if GemGate has been advised of the possibility of such damages. The foregoing shall apply regardless of the negligence of GemGate and regardless of whether such liability is found in contracts, negligence, tort or any theory of liability. GemGate reserves the right to revoke its consent to the link at any time in its sole discretion by amending this Hyperlink Agreement.

You agree that any dispute arising out of or relating to these Terms or any content posted to the GemGate Web site including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Clara County, California as the legal forum for any such dispute.

If you will agree to these Link conditions to use the link button, please go to the GemGate Hyperlink Agreement.

USE OF MATERIAL ON GemGate WEB SITE
The works of authorship contained in this Web site, including but not limited to all design, text and images, are owned or licensed by GemGate, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without GemGate’s prior written consent, except that the user may make such temporarily copies in a single computer’s RAM and hard drive cache as are necessary to browse the Web site, and the user may make one permanent printout of each page of the Web site (unmodified in form, with a copy of this User Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation and interests of GemGate or create a likelihood of confusion as to its trademarks. GemGate does not waive any of its proprietary rights in the Web site or Information including, but not limited to, copyrights, trademarks and other intellectual property rights.

ENDORSEMENTS
GemGate does not endorse any specific commercial product or company mentioned on the GemGate Web site or any commercial product or company linked to this Web site.

GemGate CONTROL OF WEB SITE
This Web site (excluding linked sites) is controlled by GemGate which is headquartered in the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Web site both you and GemGate agree that the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Web site. You and GemGate also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County, California, and the United States District Court for the Northern District of California with respect to such matters. GemGate makes no representation that materials on the Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Web site from other locations, do so on their own initiative and are responsible for compliance with local laws.

OTHER
For purposes of disclaimer, GemGate includes GemGate, its governors, officers, subsidiaries, affiliates, employees and any third party providers or sources of information or data.

COPYRIGHT AND TRADEMARK NOTICES
Copyright © GemGate 2007, all rights reserved

LICENSES AND IDEA SUBMISSIONS
You agree to grant to the GemGate Web site a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the GemGate Web site by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against GemGate for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

LIMITATION OF LIABILITY
Under no circumstances shall GemGate be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information or from the use of the Internet generally.