Terms & Conditions
Last Update: March 6, 2012
We welcome you to our site. We ask that your review these Terms and Conditions, which are intended to constitute a binding license agreement that conditions your use of this site (“Agreement”). We have tried to avoid unnecessary legal verbiage and hope that you understand that we are simply trying to protect our rights in order to provide you with access to the free content and services provided by this site. If you do not wish to be bound by this Agreement after you have read it, please leave the site. If you remain at this site, or return thereafter, you agree to be bound by this Agreement.
- Responsible Conduct. You agree to act responsibly at this site and to treat other visitors with respect.
- Limited License. Original material which Gemesis posts on this site is protected by intellectual-property laws. You are hereby granted an non-exclusive license to use images, writings, trademarks, and other forms of intellectual property belonging to Gemesis appearing on the website (“Content”), but only while accessing this site. You are also granted a limited license to print copies of any Content posted at the site, but only for your personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our site, electronic reproduction, adaptation, distribution, performance, or display of Content posted on this site is prohibited. Commercial use of any of the Content is strictly prohibited. You may not display this website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us:
Legal Compliance Officer
Gemesis Diamond Company
28 W. 44th St.
New York City, NY 10036
- Gemesis; Gemesis Cultured Diamond; and Gemesis The Cultured Diamond are registered trademarks of Gemesis Diamond Company. Create Your Own, Lab-Created Diamonds, the Gemesis G logo, and any other product or service names, slogans or devices appearing on our site are trademarks of Gemesis and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Gemesis or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Gemesis” or any other name, trademark, or product or service name of Gemesis without our prior written permission. All other trademarks, registered trademarks, product names, and Gemesis names or logos mentioned in or appearing on our website are the property of their respective owners.
- Digital Millennium Copyright Act (DMCA) Compliance. You may contact our Legal Compliance Officer, at complianceofficer[at]gemesisinc.com, if you believe that a work protected by U.S. copyright which you own has been posted or stored on our site without authorization. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
- Children. We do not knowingly collect information from children. We ask parents or legal guardians to assist us by supervising the activities of children at this site. The website is intended for use by adults.
- Links. We provide links from our site as a convenience to our visitors. We have no control over the content posted at these sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation, or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content or which makes available cracker tools or other circumvention devices, we ask that you notify us so that we may evaluate whether, in our sole discretion, to disable it.
- Unsolicited Email, Spamming & Spoofing. You may not use this site to transmit unsolicited email. You may not send unsolicited email to this site or to anyone whose email address includes the domain name used on this site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this site.
- Violations/Indemnification. Your access privileges are conditioned on your adherence to the terms of this Agreement. If you violate any of the terms of this Agreement, you agree that we may deny you access to the site. You further agree to indemnify and defend us, at your own expense, and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of any violations of this Agreement. If asked to do so, you agree that you will not attempt to access this site.
- Disclaimer of Warranties. In order to provide you with this free service, we are unable to offer any warranties or make any representations about any benefits or opportunities which you may obtain at this site. We hereby disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. This website is made available to you "As Is" without any warranties whatsoever about the nature, content, or accuracy (either when posted or as a result of the passage of time) of any material at the site, and without any representations or guarantees. In addition, we make no representations, warranties, or guarantees that this website will be secure, accessible continuously and without interruption, or error free.
To the extent that you might otherwise believe that any warranties, guarantees, or representations have been made to you, you hereby agree that such statements, whether made orally or in writing, are to be construed as merely nonbinding expressions of policy rather than affirmative representations, obligations, guarantees, or warranties. In the event of any conflict between this section 9 and other terms or provisions of this Agreement, this section shall be construed to take precedence.
- Limitation of Liability. In order to provide you with this free service, we are unable to accept liability for any conduct, acts, or omissions occurring at this website or any losses you may incur. In no event will we be liable to you for any consequential, incidental, or special damages, including any lost profits, even if you claim to have notified us about such damages, or for any claims by any third parties.
- Complete Agreement/No Representations. This Agreement constitutes the entire agreement between you and us relating to your access to and use of this site and supersedes any prior or contemporaneous representations or agreements. Any rights not otherwise expressly granted by this Agreement are reserved by us. This Agreement may not be modified, either expressly or by implication, except as set forth below in Section 12.
- In General. Our employees are not authorized to vary the terms of the Agreement. This Agreement may be modified only (1) by obtaining our written consent in a notarized agreement signed by our Legal Compliance Officer or (2) as set forth below in subpart (b).
- Periodic Revisions. You agree that we may modify the terms of the Agreement in our sole discretion, without advance notice, and that your right to access this site is conditioned on an ongoing basis with your compliance with the then-current version of these Terms and Conditions. We will post a notice on this page for thirty (30) days following any revisions or modifications to these Terms and Conditions. You agree to review this page at least once every thirty days. You will be deemed to have agreed to the new Terms and Conditions if you continue to access this site after the passage of thirty (30) days from the time the revised Terms and Conditions are first posted (whichever is sooner). It will be your responsibility to review this page for possible modifications.
- Dispute Resolution/Jurisdiction. This website is hosted on servers located in Dearborn, Michigan, and is intended to be viewed by residents of the United States. You agree that all disputes arising out of or relating to this Agreement or our operation of this site shall be resolved exclusively by binding arbitration in the Bradenton, Manatee County, Florida, pursuant to the rules of the American Arbitration Association. All such disputes shall be governed by and construed in accordance with the laws of the United States and of the State of Florida as applied to transactions entered into and to be performed wholly within Florida between Florida residents. However, you agree that we shall be entitled to obtain preliminary injunctive relief to enforce any of the terms of the Agreement against you pending a final determination in arbitration.
- Variance From Descriptions and Photographs. At Gemesis, we make every attempt to ensure that our online selection is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, Gemesis states that carat total weight in all purchases may vary 0.05 carats from stated weight. We provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. For gemstone measurements, a tolerance of 0.25mm is allowed. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated. Data, including prices, may be inaccurately displayed on our site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We do not negotiate prices on our products. We apologize for any inconvenience that this may cause.
- Construction. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.
- Promotions. Promotions may not be combined with any other promotion or discount and cannot be applied retroactively. Voide where prohibited or restricted. Void if sold, exchanged, copied or transferred. Offer valid only while quantities last. Other restrictions may apply, terms and conditions are subject to change at any time without prior notice.