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    Terms of Use

    TERMS OF USE

    Adopted October 1, 2009

    Welcome to the GemEx.com Web site operated by GemEx Systems, Inc. ("GemEx"). Throughout the site, the terms "GemEx," "we," "us" and "our" refer to GemEx. GemEx offers this Web site, including all information, tools and services available from this Web site, to you, the user, conditioned upon your acceptance of all these Terms of Use. Your affirmative act of accessing or using this site signifies your consent to, without limitation or qualification, these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the site.

    We reserve the right to modify the contents of this site at any time, including the features, availability, or operation of the site, these Terms of Use, or any policy or notice posted on the site. You agree that it is your responsibility to monitor changes to the site, and your continued use of this site following the posting of changes means that you agree to and accept the changes.

    ABILITY TO ACCEPT TERMS OF USE
    You affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to qualify under, abide by, and comply with these Terms of Use.

    ACCURACY OF INFORMATION
    All of the information presented on this site is for informational purposes only. The information and features on this site do not constitute binding offers to buy or sell products or services described on the site, or to make such products or services available in your area. Most GemEx products are offered for sale by independent retailers, and the purchase of any such products or services are subject to the terms and conditions of the applicable sale, or retail installment contract. Likewise, none of the information presented on this site regarding job openings constitutes a binding offer to employ you or individuals you may refer for these jobs.

    GemEx does not represent or warrant that any products or services depicted or mentioned on this site are currently available for sale, are still in production, or have been tested for commercial use. Regardless of any information presented on this site, GemEx reserves the right without prior notice to discontinue services, products, models, parts, accessories, and other items, or change specifications at any time, without incurring any obligations. Likewise, GemEx does not represent or warrant that job opportunities depicted or mentioned on this site are currently available. This site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. Although GemEx makes reasonable efforts to ensure that all material on this site is correct, accuracy and integrity cannot be guaranteed, and GemEx does not assume any responsibility or obligation for the accuracy, completeness or authenticity of material on the site.

    USE OF THE SITE
    All content included on this site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces and code, and software, as well as the selection and arrangement thereof, are the exclusive property of GemEx, its affiliates, its licensors or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download and print the material contained on the site only for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services described on, or obtained from, the site, is expressly prohibited. GemEx retains full and complete title to the material provided on the site, including all associated intellectual property rights, and provides this material to you under a license that is revocable at any time in GemEx’s sole discretion. GemEx neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with GemEx.

    You may not use contact information provided on the site for improper purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. GemEx reserves the right, in its sole discretion, to terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any right or relief to which GemEx may be entitled, at law or in equity.

    You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address or other identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

    LINKS
    This site may contain links to other Web sites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Your correspondence or business dealings with any entities found through linked sites are solely between you and such entity. GemEx is not responsible for any losses, damages, or other liabilities incurred as the result of any such dealings.

    TRADEMARKS
    Trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of GemEx, its affiliates, its licensors, its content providers, and other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. GemEx reserves all rights not expressly granted in and to the site and its content.

    DISCLAIMERS
    YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. GEMEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEMEX OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. GEMEX DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

    LIMITATION OF LIABILITTY
    YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT GEMEX, ITS AFFILIATES OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, GEMEX'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GEMEX OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GEMEX, ITS AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH GEMEX IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND GEMEX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

    BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    IDEMNIFICATION
    By using this site, you agree to indemnify, defend and hold harmless GemEx and its subsidiaries, affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. GemEx reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with GemEx in defense of such matter.

    JURISDICTION
    The site is controlled by GemEx from its offices within the United States of America. GemEx is incorporated in the State of Wisconsin and this site has been designed to comply with the laws of the State of Wisconsin. The laws of the State of Wisconsin govern these Terms of Use and your use of the site. If you choose to access the site from a location outside the United States, you do so at your own risk and with the understanding that laws applicable in your location may not be applicable to this site. By using the site, you irrevocably consent to the jurisdiction of courts located in the State of Wisconsin for any action to enforce these Terms of Use.

    ENTIRE AGREEMENT
    This agreement and any posted policies or operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

    SEVERABILITY
    If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

    USE OF COPYRIGHTED MATERIALS
    The content of the GemEx Systems, Inc. Web sites are  protected by national and international copyright. The owner of the copyright is GemEx Systems, Inc. (GemEx). The contents of the GemEx Systems, Inc. Web sites may be viewed, downloaded, printed, copied and redistributed for personal use only, and subject to the following restrictions:

     

    • The recipient may use the material for their personal, non commercial use only and may not in any way directly or indirectly derive income from the information itself without the express written permission of GemEx in each incidence of use.
    • In any materials derived from or based on this information, the recipient agrees to secure GemEx’s prior written approval in each incidence and acknowledge GemEx Systems, Inc., including copyright notice and trademarks.
    • No modifications to this material is permitted without the prior written permission of GemEx.
    • Images and Web page graphic designs are not to be reproduced without the prior written permission of GemEx in each incidence of use.
    • Please contact us for information and requests to use GemEx intellectual property.

    COPYRIGHT NOTICE AND TRADEMARKS
    GemEx Systems Copyright Notice
    Copyright© 2009 GemEx Systems, Inc. All rights reserved.
    GemEx Systems Trademarks
    The following are Registered Marks of GemEx:  GemEx Systems, Inc.®, GemEx®, GemSpec®, Science of Beauty®, Technology You Can Trust™
    BrillianceScope™, BScope™, Light Performance® Analysis, GemEx Live Report™, Identiview™, GemExcellence™, Measured Diamonds Get Noticed™.

    HOW TO CONTACT US
    If you have any questions or comments about these Terms of Use or this site, please contact us at 262-242-1111 or write to us at:
    GemEx Systems, Inc.
    6040 W. Executive Dr.,  Ste. A
    Mequon, WI   53092