- Information Only: The Information provided is not a recommendation or suggestion of any kind to buy or sell diamonds, jewelry, watches or precious stones; nor is it an appraisal, guarantee of value, warranty, valuation, or offer to buy or sell. Except for specific circumstances when Rapaport explicitly indicates otherwise, Rapaport does not guarantee or warrant the accuracy of any information and does not guarantee that any Licensee or other Licensees will fulfill any obligations made on or through the Service. Pricing provided is an estimate of value that should only be used as a general guideline for price discovery.
- Trading by or through the Service: Except for specific circumstances when Rapaport explicitly indicates otherwise, Rapaport has not examined any of the Lots that are listed on Rapaport. Information provided by the Service is based on information uploaded by the Licensees. Such information may be wrong and thereby result in inaccurate pricing or grading analysis. The use of the Service by the Licensee is for his or her own account and risk and Rapaport provides no guarantee of the accuracy or completeness of the information listed on the Service by Licensees. Except for specific circumstances when Rapaport explicitly indicates otherwise, Rapaport is not responsible for any trading between RapNet members or for any losses sustained regardless of the cause thereof. Rapaport does not guarantee the quality, integrity or creditworthiness of any RapNet member.
- Pricing and quality information: Diamond grading laboratories and the jewelry trade use subjective methods of analysis. Diamond grades may vary each time a diamond is submitted for re-examination and often vary from laboratory to laboratory depending on the grading standards of the laboratory and the accuracy and training of their gemologists. Online pricing and quality information provided by the Service is the result of an automated electronic response system and subject to the limitations inherent to such systems. No guarantee is made or implied or liability assumed, as to the quality, accuracy, reliability, or validity of any information provided by the Service and/or the level of expertise of Rapaport, or of any information system or individual providing information via the Service. Nor is the information an appraisal or guarantee of value.
Rapaport prices or availability information should only be used as a general guideline for evaluating 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. Each diamond's value depends on its unique characteristics, some of which may not be included in the information on a diamond grading report or the information provided by the User. Rapaport prices are limited in that they reflect our opinion of the current market values based on the description and information the Licensee provides. There is no guarantee that the opinion of Rapaport and/or that the grading information provided by a laboratory or seller is accurate. Diamond pricing and diamond grading are not an exact science. While we believe that the information we provide may help you make a reasonable and rational decision when buying or selling a diamond, our information is not perfect and should be complemented with the normal due diligence that a consumer should apply when buying or selling a diamond.
Diamond prices may vary significantly from seller to seller. The identity of the seller, their location and the conditions of sale can 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 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 sellers. Therefore, our Information is only a guideline. The prices provided by the Service may be substantially higher or lower than actual transaction prices in the various markets.
Rapaport has extensive interests in the diamond industry worldwide including diamond brokerage and auction operations, diamond grading services and online diamond trading and sales companies. In some instances, diamonds submitted may be listed on our trading network as well as offered for sale by companies that buy diamonds from Rapaport associated companies that earn a commission if the diamonds are sold.
- Third Party Services:
Certain third party services, provided by unaffiliated Third Party Benefit Providers or Rapaport affiliates, for grading, shipping, website and other additional services, may be offered to you, or accessed, via RapNet. RapNet is not a party to these services or any transactions regarding such services, which may be subject to separate agreements between you and the third party service provider.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- USE OF THE SERVICE AND INFORMATION IS AT YOUR SOLE RISK; THE SERVICE AND INFORMATION IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. RAPAPORT SHALL HAVE NO LIABILITY AND EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR MERCHANTABLE QUALITY OR THOSE ARISING BY LAW, STATUE, USAGE OF TRADE, OR COURSE OF DEALING. RAPAPORT ASSUMES NO RESPONSIBILITY TO YOU, OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS
- RAPAPORT MAKES NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR 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.
- RAPAPORT HAS TAKEN REASONABLE PRECAUTIONS TO PROTECT YOUR DATA BUT CANNOT GUARANTEE OR WARRANT THE SECURITY OF ANY DATA OR INFORMATION PROVIDED. IF A SECURITY BREACH OCCURS, RAPAPORT DISCLAIMS ALL OR ANY LIABILITY FOR ANY LOSS OF DATA BY WAY OF THEFT, MISAPPROPRIATION, UNAUTHORIZED OR IMPROPER ACCESS TO, OR ALTERATION OF ANY INFORMATION OR DATA AVAILABLE ON THE SERVICE AT ANY TIME. THE USE OF THE SERVICE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY OR THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND USE OF THE SERVICE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAPAPORT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
- ANY OR ALL WARRANTY IS STRICTLY LIMITED TO THE INDIVIDUAL LICENSEE THAT HAS REGISTERED AND PAID FOR THE SERVICE. NO WARRANTY OF ANY KIND IS EXTENDED TO ANY THIRD PARTIES.
- LIMITATIONS OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAPAPORT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF INFORMED OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OR ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERRUPTION COSTS, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF RAPAPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM: (I) ANY ERROR IN OR OMISSION FROM THE INFORMATION PROVIDED BY THE SERVICE; (II) THE USE OR INABILITY TO USE THE SERVICE (III) 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; (IV) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OF CONDUCT OF ANY THIRD PARTY AS THE RESULT OF ANY USE OF THE SERVICE; (VI) LOSS OF DATA DUE TO THEFT, MISAPPROPRIATION, UNAUTHORIZED OR IMPROPER ACCESS, OR FROM ANY SECURITY BREACH, CYBERATTACK OR ANY OTHER SECURITY INTRUSION TO THE SERVICE OR TO ANY OF RAPAPORT’S THIRD PARTY PROVIDERS, OR DUE TO ANY VIRUS, OTHER MALICIOUS SOFTWARE OR HARMFUL COMPONENT, TAMPERING, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION OF THE SERVICE, HOWSOEVER ARISING; (VII) ALL OTHER MATTERS RELATING TO THE SERVICE.
- RAPAPORT CAN PROVIDE THE INFORMATION AVAILABLE VIA THE SERVICE FOR A RELATIVELY SMALL FEE ONLY BECAUSE OF THE LIMITATIONS OF LIABILITY AND WARRANTY EXPRESSED IN THIS AGREEMENT. IN ALL INSTANCES RAPAPORT DOES NOT ASSUME ANY LIABILITY EXCEEDING THE ANNUAL FEE PAID BY YOU TO USE THE SERVICE.
- RAPAPORT SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE RESULTING FROM ANY ERROR OR OMISSION IN THE INFORMATION PROVIDED BY RAPAPORT OR THE SERVICE OR FROM USE OF THE SERVICE EVEN IF CAUSED BY OR RESULTANT FROM THE NEGLIGENCE OR OTHER FAULT (EXCEPT FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE) OF RAPAPORT.
- RAPAPORT DOES NOT GUARANTEE THAT LOTS LISTED ON RAPNET WILL BE SOLD TO ANY OF THE LICENSEES; NEITHER DOES THE SERVICE PROVIDE ANY AUTHORIZATION OF THE SAID GRADING SUGGESTED BY THE LISTERS OF THE LOTS.
- RAPAPORT DOES NOT GUARANTEE THE ACCURACY OF THE DIAMOND PRICING SERVICE AND GIVES FULL NOTICE THAT RAPAPORT PRICES ARE BASED ON RAPAPORT'S 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. RAPAPORT DOES NOT GUARANTEE THE ACCURACY, AUTHENTICITY OR RELIABILITY OF ANY DIAMOND GRADING REPORT OR OTHER INFORMATION BEING PROVIDED TO LICENSEE.
- RAPAPORT EMPLOYEES MAY PROVIDE YOU WITH INFORMATION IN ELECTRONIC FORM, ORALLY OR IN WRITING. THIS INFORMATION IS BASED ON THE SUBJECTIVE OPINION OF THE INDIVIDUAL PROVIDING IT. WHILE RAPAPORT MAKES EFFORTS TO ASSURE THAT ITS EMPLOYEES, AGENTS, ASSOCIATES AND/OR CONSULTANTS ARE KNOWLEDGEABLE, IT DOES NOT GUARANTEE THE ACCURACY, EXPERTISE, EXPERIENCE, BACKGROUND OR KNOWLEDGE LEVEL OF ANY PERSON PROVIDING INFORMATION.
- RAPAPORT SHALL NOT BE LIABLE, AND YOU SHALL HAVE NO CLAIM AGAINST RAPAPORT, FOR ANY SERVICES PERFORMED FOR YOU OR ON YOUR BEHALF BY ANY THIRD PARTY, INCLUDING FOR ANY SERVICES PERFORMED BY ANY RAPNET APPROVED THIRD PARTY BENEFIT PROVIDER.
- 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 this Agreement.
Except in the event of Rapaport’s gross negligence, wrongful act or willful misconduct as finally determined pursuant to applicable law by a court of competent jurisdiction, you shall indemnify, reimburse and hold Rapaport harmless from and against any and all third party claims, liabilities, losses and expenses (including attorneys expenses and fees), arising out of or related directly or indirectly to your use of the Service, including but not limited if you breach this Agreement, improperly use the Service, or violate any law.
Rapaport may provide notice to you via either Email, regular mail or via the Service. 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. You may provide notice to Rapaport by registered mail to Rapaport USA Inc., 133 E. Warm Springs Road, Las Vegas, Nevada 89119.
- The term of this Agreement shall be for one (1) year (the “Term”) and shall be automatically renewed for successive one (1) year periods (the “Renewal Term”), unless terminated by either party. This License will automatically terminate if any membership or subscription you have with Rapaport lapses or is terminated for any reason.
- Subject to providing you notice, Rapaport shall have the right in its sole discretion to terminate this Agreement for any reason or for no reason at any time without liability or other obligation to you, save for returning unused portions of Fees paid. If you breach any term of this Agreement, Rapaport shall have the right to terminate this Agreement immediately and shall have no obligation to refund any Fees paid.
- Upon termination of this Agreement, you shall immediately cease using the Service. You may no longer access the Service after termination of this Agreement and shall promptly, at Rapaport’s option, delete any Rapaport Proprietary Information, and all copies thereof from your storage facilities and/or promptly return all originals and copies thereof, along with all documentation and other confidential information provided pursuant to this Agreement. At Rapaport’s request, you shall provide written confirmation from your director or your internal legal counsel, of compliance with this clause 19.3.
- All restrictions regarding the use and distribution of the Information provided in terms of this Agreement shall survive the termination of this Agreement.
This Agreement governs the relationship between the parties and your use of the Service and supersedes any prior agreements. This Agreement shall be governed by the laws of the State of New York, United States. The failure of Rapaport to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such rights or provisions. If any provision of this Agreement 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 these provisions and the other provisions of this Agreement shall remain in full force and effect. You agree that regardless of any law to the contrary, you must file any claim or cause of action arising out of or related to use of the Service or this Agreement within (6) six months of the event such claim or cause of action in based on, or forever be barred from doing so. The clause titles of this Agreement are for convenience only and have no legal or contractual effect.