PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH HERKIMERDIAMONDS.COM PROVIDES YOU WITH VARIOUS SERVICES ON THE FOLLOWING WEB SITES: HERKIMERDIAMONDS.COM (THE “SITE”). ALL SERVICES PROVIDED BY HERKIMERDIAMONDS.COM ON THE SITE ARE COLLECTIVELY REFERRED TO AS “HERKIMERDIAMONDS.COM SERVICES”. BY ACCESSING, BROWSING AND/OR USING OUR WEB SITES AND/OR SERVICES POSTED ON THE WEB SITE, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR WEB SITE OR ANY SERVICES WE PROVIDE.
Ownership of our Web Sites and Protection of Our Intellectual Property Rights
The contents of our Site are intended for the personal, non-commercial use of our users. All right, title and interest to the content displayed on our Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of herkimerdiamonds.com, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by herkimerdiamonds.com, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content (including without limitation any software) available through the Sites.
Changes To This Agreement
Your use of THIS site is also subject to the other policies, disclaimers and guidelines we post on such site from time to time.
Your License to Access Content on Our Sites
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Sites via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the herkimerdiamonds.com Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of herkimerdiamonds.com or the copyright holder identified in the relevant copyright notice.
You agree not to modify the herkimerdiamonds.com services in any manner or form, or to use modified versions of the Herkimerdiamonds.com Services, including (without limitation) for the purpose of obtaining unauthorized access to the herkimerdiamonds.com services or portions of the services. You agree not to access the herkimerdiamonds.com services by any means other than through the interface that is provided by herkimerdiamonds.com for use in accessing the herkimerdiamonds.com services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Sites shall be construed as conferring any other license or right, expressly, by implication, or otherwise, with respect to any of herkimerdiamonds.com’s content or under any third party’s Content. Any rights not expressly granted herein are reserved.
If you choose to forward content from the Sites via email through our services, you agree that you will only forward such content to willing recipients known to you and that you will not use such services for engaging in spam or other unauthorized conduct.
No Automated Querying
You may not send automated queries of any sort to our sites without express permission in advance from herkimerdiamonds.com. Note that “sending automated queries” includes, among other things:
- using any software which sends queries to our sites to determine how a website or webpage “ranks” for various queries;
- “meta-searching”; and
- performing “offline” searches on any Herkimerdiamonds.com web site
Passwords and Security
Access to certain herkimerdiamonds.com services require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify herkimerdiamonds.com immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. herkimerdiamonds.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Links to Other Web Sites
A part of the Herkimerdiamonds.com includes links to other World Wide Web sites or resources. Because Herkimerdiamonds.com has no control over such sites and resources, you acknowledge and agree that Herkimerdiamonds.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Herkimerdiamonds.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Herkimerdiamonds.com has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Sites including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the Canada or the country in which you reside.
Modifications To Herkimerdiamonds.com Services
Herkimerdiamonds.com reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Herkimerdiamonds.com Services (or any part thereof) with or without notice. You agree that Herkimerdiamonds.com will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Herkimerdiamonds.com Services.
Termination of Your Access to Herkimerdiamonds.com Services
You agree that Herkimerdiamonds.com, in its sole discretion, may terminate your access to any of the Herkimerdiamonds.com Services, and/or remove, discard or modify any Postings or content within the Service, for any reason, including, without limitation, for lack of use or if Herkimerdiamonds.com believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Herkimerdiamonds.com Services may be effected without prior notice, and acknowledge and agree that Herkimerdiamonds.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Herkimerdiamonds.com Services. If you use the Sites in violation of this Agreement, Herkimerdiamonds.com may, in its sole discretion, retain all data collected from your use. Further, you agree that Herkimerdiamonds.com shall not be liable to you or any third party for the discontinuation or termination of your access to the Herkimerdiamonds.com Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT HERKIMERDIAMONDS.COM IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, HERKIMERDIAMONDS.COM SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR HERKIMERDIAMONDS.COM SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT HERKIMERDIAMONDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL HERKIMERDIAMONDS.COM’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of Herkimerdiamonds.com
You agree to indemnify and hold Herkimerdiamonds.com, its subsidiaries, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of or reliance on Herkimerdiamonds.com Services, (c) your connection to our Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
No Other Agreements Between Us
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Herkimerdiamonds.com are governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and Herkimerdiamonds.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Peterborough, Ontario.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Herkimerdiamonds.com
You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Herkimerdiamonds.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to this Agreement or our Site, you may contact a representative of Herkimerdiamonds.com.