Terms of Use
SUNDANCE DIAMONDS LISTING SERVICE TERMS OF USE
ACCEPTANCE OF TERMS
US Synthetic Corporation (“US Synthetic”) provides a listing service for customers of its SUNDANCE DIAMONDS HPHT treatment process, including advertisements for treated gemstones subject to the following Terms of Use (“TOU”). Utilization of the listing service in any way, including listing gemstones for sale or placing a request for more information concerning a listing, constitutes agreement to these TOU. Use of this service is limited to gemstone wholesalers and retailers. To register to use this service, please contact US Synthetic.
ENTIRE AGREEMENT AND MODIFICATIONS
The TOU constitute the entire agreement between each user and US Synthetic and govern use of the listing service. US Synthetic reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof.
CONTENT OF LISTINGS
All information, text, images, photos, or other materials (“Content”) posted on, transmitted through, or linked from the listing service, are the sole responsibility of the person from whom such Content originated. A listing user is entirely responsible for the accuracy of the information contained in any listing posted or otherwise made available via the listing service by or for that user. US Synthetic does not control, and is not responsible for the Content made available through the listing service by others and makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any listing. Users requesting more information must evaluate, and bear all risks associated with, the use of any Content, and independently investigate the accuracy of such Content. Under no circumstances will US Synthetic be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the listing service. By using the listing service each user acknowledges that US Synthetic does not pre-screen or approve Content, but shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content available via the listing service, for any reason.
TRANSACTIONS BY USERS
Interactions by users of the service with other users found on or through the listing service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between such users. Each user should make whatever investigation it believes is necessary and/or appropriate before proceeding with any transaction with any other user. US Synthetic shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users, the users understand and agree that US Synthetic is under no obligation to become involved. In the event of any such dispute, users hereby release US Synthetic, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
LIMITATIONS ON SERVICE
The SUNDANCE DIAMONDS listing service is available to US Synthetic customers to facilitate the exchange of HPHT treated gemstones serviced by US Synthetic. No other listings are allowed. US Synthetic may establish limits concerning use of the listing service, including the maximum number of days that a listing will be retained, the maximum number and size of listings or email messages that may be transmitted or stored, and the frequency with which users may access the listing service. US Synthetic bears no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service and reserves the right at any time to modify or discontinue the listing service (or any part thereof) with or without notice. Use of the listing service acknowledges that US Synthetic shall not be liable to any user or to any third party for any modification, suspension or discontinuance of the listing service.
EXCLUSION OF LIABILITY
Neither US Synthetic nor any of its agents, directors, employees, or subcontractors shall be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits (even if US Synthetic is advised of the possibility thereof) arising in any way from, including but not limited to, (i) any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of the listing service or the listing service web site, (ii) the information provided on or via the listing service web site, (iii) the interception, modification or misuse of information transmitted to or from US Synthetic, (iv) the functioning or non-availability of the listing service web site, (v) the misuse of the listing service web site, (vi) the loss of data, or (vii) claims of third parties in connection with the use of this web site.
APPLICABLE LAW
This listing service and the TOU shall be governed by and construed in accordance with the laws of the State of Utah. All disputes arising out of or in connection with this listing service shall be submitted to the exclusive jurisdiction of the courts of the State of Utah.
TERMINATION
US Synthetic, in its sole discretion, has the right (but not the obligation) to delete or deactivate listings, block emails or IP addresses, or otherwise terminate the access or use by any user of the Service (or any part thereof), immediately and without notice, and remove and discard any listing, for any reason, including, without limitation, if US Synthetic has reason to believe any listing contains any inaccurate information or violates the letter or spirit of the TOU. Use of the service acknowledges each user’s agreement that US Synthetic shall not be liable for any termination of such access. The rights and obligations of all parties under these TOU shall survive any such termination.
DISCLAIMER OF WARRANTIES
THE SUNDANCE DIAMONDS LISTING SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, US SYNTHETIC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SUNDANCE DIAMONDS LISTING SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, US SYNTHETIC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS ADVERTISED ON THE SUNDANCE DIAMONDS LISTING SERVICE. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL US SYNTHETIC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF US SYNTHETIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF USE OF THE SUNDANCE DIAMONDS LISTING SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LISTING SERVICE, FROM INABILITY TO USE THE LISTING SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LISTING SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS ADVERTISED THROUGH THE LISTING SERVICE, AS WELL AS BY REASON OF ANY INFORMATION RECEIVED OR ADVERTISED THROUGH THE LISTING SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply.
INDEMNITY
Utilization of the listing service in any way serves as an acknowledgement by each user of its agreement to indemnify and hold US Synthetic, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted or made available through the listing service, the user’s use of the Service, the user’s violation of the TOU or breach of any of the representation and warranty herein, or any violation of any rights of another.