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DISCLAIMER OF WARRANTY
You acknowledge that the services, information or data (collectively, "Information") on the website is provided "As Is" for general information only. Arctic Gem Labs makes no warranties of any kind regarding this website, 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. Arctic Gem Labs 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. Arctic Gem Labs 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 the Arctic Gem Labs website. You agree Arctic Gem Labs 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 Arctic Gem Labs 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 Arctic Gem Labs 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 Arctic Gem Labs or the contributors of Information are advised of the possibility of such damages.
You acknowledge that opinions and recommendations contained in this website are not necessarily those of the Arctic Gem Labs or endorsed by Arctic Gem Labs.
GEMOLOGICAL INFORMATION DISCLAIMER
The Information provided in or made available through the Arctic Gem Labs website (including, but not limited to, message boards, text files, chat rooms or social media), is not intended to replace the services of a trained jeweler or gemologist regarding analysis or appraisal of any particular gem or jewelry item or to be a substitute for their advice regarding gem value or other commercial evaluation. The user is advised to consult with a trained jeweler or gemologist prior to purchasing any particular gem or piece of jewelry.
USE OF MATERIAL ON THE ARCTIC GEM LABS WEBSITE
COPYRIGHT PROTECTION
Arctic Gem Labs owns the compilation of content that is posted on the Arctic Gem Labs Websites, which consists of text, images, audio, video, databases, design, codes and software ("Content"). However, it may not necessarily own each component of the compilation. Some Content may be owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some Content is in the public domain and some Content is protected by third party rights, such as copyright, trademark, rights of publicity, privacy and contractual restrictions.
Arctic Gem Labs may provide the copyright status of the Content and identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, other restrictions, etc.). However, Arctic Gem Labs can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission.
If you have specific questions or information about Content on the Arcitc Gem Labs Websites, please contact us.
PERMITTED USE FOR NON-COMMERCIAL PURPOSE
Arctic Gem Labs' mission includes educating the global community on topics related to gems and jewelry and the Institute encourages fair use of its Content to support that mission. You may use the text, images, videos and illustrations on our websites for personal, educational and other non-Commercial Use, as long as you:
You are responsible for determining whether your use is fair and for responding to any claims that may arise from your use.
USE FOR COMMERCIAL PURPOSE
Commercial Use is defined as the sale of any materials, products and services that derive from or incorporate the Content, as well as the use of the Content for promotion or advertising. If you wish to use the Content for any purpose other than those permitted above, such as a Commercial Use or publication (except as may be permitted by fair use under the copyright law), please obtain prior written permission from Arctic Gem Labs (and/or other owner of the Content as applicable).
ARCTIC GEM LABS RESERVES THE RIGHT TO DETERMINE WHETHER THE USE OF ANY CONTENT IS COMMERCIAL AND/OR APPROPRIATE, AND MAY REVOKE USAGE RIGHTS AT ANY TIME IN ITS SOLE DISCRETION.
Certain Content may be prohibited for use or reproduction in any form without explicit permission and when a statement, such as the following, appears in conjunction with an image, any and all requests for use should be made by contacting Arctic Gem Labs directly for permission:
"©[year] Arctic Gem Labs This video or image is protected intellectual property and may not be used or reproduced, in whole or in part, without the express, written permission of Arctic Gem Labs and other parties as applicable."
Contact us with your permission request or other inquiries, including requests for higher quality formats, such as high resolution digital images.
LINKING TO ARCTIC GEM LABS
You may provide a link to this website on another website, provided you agree to the Link conditions described below. By establishing a link to a Arctic GEm Labs website you agree to these conditions:
YOU EXPRESSLY AGREE THAT THE USE OF ARCTIC GEM LABS' MATERIALS, MARKS, LINK BUTTONS AND WEBSITE IS AT YOUR SOLE RISK. ARCTIC GEM LABS DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. ARCTIC GEM LABS PROVIDES THIS ACCESS "AS IS" WITHOUT WARRANTY OF ANY KIND. ARCTIC GEM LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NONINFRINGEMENT. IN NO EVENT WILL ARCTIC GEM LABS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF DATA, 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 BUTTONS UNDER THIS AGREEMENT OR ACCESS TO ANY OF THE SERVICES DESCRIBED IN THIS AGREEMENT EVEN IF ARCTIC GEM LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OF ARCTIC GEM LABS AND REGARDLESS OF WHETHER SUCH LIABILITY IS FOUND IN CONTRACTS, NEGLIGENCE, TORT OR ANY THEORY OF LIABILITY.
Arctic Gem Labs reserves the right to revoke its consent to a link at any time in its sole discretion by amending these Link Conditions.
ARCTIC GEM LABS SOCIAL MEDIA CODE OF CONDUCT
Arctic Gem Labs (AGL, Arctic) social media pages are for the personal use of website visitors and may not be used in connection with any third-party commercial endeavors. Any use that, in Arctic Gem Labs' sole opinion, constitutes illegal and/or unauthorized use of the Arctic Gem Labs social media pages, including posting offers or information of a commercial nature, collecting usernames and/or email addresses of visitors by electronic or other means for the purpose of sending unsolicited email, or unauthorized framing of or linking to the Arctic Gem Labs website is strictly prohibited. You are solely responsible for your interactions with others on Arctic Gem Labs social media pages. Arctic Gem Labs reserves the right, but has no obligation, to monitor disputes between you and other users. Under no circumstances shall Arctic Gem Labs be held liable or responsible for the actions of third parties on any Arcitc Gem Labs social media page. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posts, comments, or conversations without notice. Appropriate legal action may be taken for any illegal or unauthorized use of any information on or associated with Arctic Gem Labs social media pages. Arctic Gem Labs reserves the right to remove any posting or comment (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Arctic Gem Labs pages at any time, with or without prior notice, and without liability. The following is a partial list of content that is illegal or prohibited to post on or through Arctic Gem Labs social media pages. Arctic Gem Labs reserves the right to take appropriate legal action against anyone who, in Arctic Gem Labs' sole discretion, violates this provision. This may include removing the offending communication and terminating access of such violators. Prohibited or illegal content includes, but is not limited to content that:
ENDORSEMENTS
Arcitc Gem Labs does not endorse any specific commercial product or company mentioned on the Arctic Gem Labs website or any commercial product or company linked to this website.
OTHER
For purposes of disclaimer, AGL and Arctic shall include Arctic Gem Labs, its governors, officers, subsidiaries, affiliates, agents, employees and any third party providers or sources of information or data.
Important Limitations for Arctic (Arctic Gem Labs) Reports and their DigiReps
An Arctic Report is not a guarantee, valuation or appraisal, and Arctic makes no representation or warranty regarding its Reports, the articles described therein or any inscription thereon. An Arctic Report contains only the characteristics of an article described after it has been graded, tested, examined, and analyzed (collectively, “examination” or “examined”), using the techniques and equipment used by Arctic at the time of the examination. The results of any other examination performed on the article may differ depending upon (i) when, how and by whom the article is examined and (ii) the changes and improvements in techniques and equipment that may have occurred which may enable the examiner to detect, among other things, the use of processes for altering the characteristics of an article which use was previously undetectable by Arctic, or alterations which became reversible, even if the process remains undetectable. The trademark, service mark, logo, words, characters or other symbols of an inscription, other than an Arctic Laser Registry (report) number, or an Arctic trademark, service mark or logo, are solely determined by and attributable to the Client for whom the Report was prepared and are neither attributable to nor to be understood as an indication of any determination by Arctic.
Arctic Gem Labs can provide its Reports and can make an inscription for a relatively small fee compared to the present and potential value of the article described therein only because the Report and any inscription are subject to the following limitations on the liability of Arctic and the limitations described in the agreements by which the Report and any inscription are made, all of which extend to the Client for whom the Report and any inscription were prepared and to every other person to whom the Report or the inscribed article is distributed or shown:
(1) ARCTIC GEM LABS AND ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE RESULTING FROM ANY ERROR IN OR OMISSION FROM THE REPORT OR FROM THE ISSUANCE OF OR USE OF THE REPORT OR ANY INSCRIPTION, EVEN IF THE LOSS, DAMAGE OR EXPENSE WAS CAUSED BY ARCTIC GEM LABS OR ANY OF ITS EMPLOYEES OR AGENTS AND (2) IN ANY EVENT, ARCTIC GEM LABS AND ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, RESULTING FROM ANY ERROR IN OR OMISSION FROM, OR FOR THE ISSUANCE OF OR USE OF, THE REPORT OR ANY INSCRIPTION, OR FOR ANY ERROR IN OR OMISSION FROM THE REPORT OR ANY INSCRIPTION CAUSED BY THE ACTS OF OTHERS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
As a protection to the public and Arctic Gem Labs, the Report, the name, trademarks, service marks and logos of Arctic Gem Labs, or any part of any inscription which relates to an Arctic Laser Registry (report) number or to an Arctic Gem Labs trademark, service mark, or logo, may not be used in whole or in part for purposes of advertising, publicity or promotion, and the Report may not be referred to as a guarantee, valuation or an appraisal.
ADDITIONAL LIMITATIONS FOR DIGITAL COPIES OF ARCTIC GEM LABS REPORTS
An Arctic Report DigiRep is a digital representation of an original Arctic Report and is subject to the same limitations described above. This digital representation might not be accepted in place of the original Arctic Report in certain circumstances. The original Arctic Report includes certain security features which are not reproducible on the DigiRep.
LIMITATION OF LIABILITY
Under no circumstances shall Arctic Gem Labs 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.
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