Choice Gems reserves the right, in its sole discretion, to terminate your access to the Site and related services or any part thereof at any time without notice. To the fullest extent permitted by law, this Agreement shall be governed by the laws of the State of Washington, and you hereby consent to the exclusive jurisdiction of the courts located in Washington for all disputes arising out of or relating to the use of the Site. Use of the Site is not permitted in any jurisdiction that does not enforce all provisions of these Terms, including but not limited to this Section. Welcome to www.choicegemsco.com. The website www.choicegemsco.com (the “Website”) consists of various web pages operated by Choice Gems Co (“Choice Gems”). www.choicegemsco.com is offered to you on the condition that you accept the terms and conditions and notices contained herein (the “Terms”) without modification. Your use www.choicegemsco.com constitutes your acceptance of all of these Terms. Please read these Terms carefully and keep a copy for your reference. Except as otherwise provided herein, this Agreement constitutes the entire agreement between User and Choice Gems with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between User and Choice Gems with respect to the Site. A printed version of this Agreement and any notice in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and under the same conditions as other business documents and records originally created and maintained in printed form.

The parties expressly wish this Agreement and all related documents to be drawn up in English. Visiting www.choicegemsco.com or sending emails to Choice Gems is an electronic communication. You agree to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and on the Website comply with all legal requirements that such communications be in writing. If any provision of this Agreement is held to be unenforceable or invalid, that provision shall be limited to the minimum necessary for this Agreement to remain in full force and effect. This Agreement is assignable, transferable or sublicensable by Customer only with the prior written consent of Gem Software. Gem Software may transfer and assign this Agreement or its rights and obligations under this Agreement. This Agreement binds and benefits each party`s successors and authorized assigns. Both parties agree that this Agreement constitutes the complete and exclusive declaration of mutual understanding between the parties and supersedes and supersedes all prior written and oral agreements, notices and other agreements with respect to the subject matter of this Agreement and that all waivers and amendments signed by either party must be in writing. except as otherwise provided herein. Nothing in any order or other form of business used by Customer shall supersede the terms of this Agreement, and this document relating to this Agreement shall be for administrative purposes only and shall have no legal effect.

No agency, partnership, joint venture or employment is created under this Agreement, and Customer has no authority to bind Gem Software in any way. In any action or proceeding to assert rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys` fees. All notices under this Agreement shall be in writing and shall be deemed duly given if given in person; whether receipt is confirmed electronically, faxed or emailed; and upon receipt, if by registered mail or registered letter (acknowledgment of receipt requested), stamped. Gem Software is not responsible for losses resulting from a cause over which it has no direct control. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. The federal and state courts in San Francisco County, California, USA shall have appropriate and exclusive jurisdiction and venue with respect to all disputes arising out of or relating to the subject matter of this Agreement, provided that either party may seek an injunction in a court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that there is no joint venture, partnership, employment or agency relationship between you and Choice Gems as a result of this Agreement or your use of the Site. Choice Gems` performance of this Agreement is subject to applicable laws and legal process, and nothing in this Agreement distinguishes Choice Gems` right, governmental, judicial, and law enforcement requests, or requirements relating to your use of the Site or information provided or collected by Choice Gems in connection with such use; Satisfy. If any part of this Agreement is held to be invalid or unenforceable under applicable law, including, but not limited to, the above disclaimers of warranties and limitations of liability, the invalid or unenforceable provision shall be deemed to have been superseded by a valid and enforceable provision that comes closest to the intent of the original provision and the remainder of the Agreement shall remain in full force and effect. You are granted a non-exclusive, non-transferable, revocable license to access and use www.gemsfacets.com strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to Choice Gems that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

You may not use the Site in any manner that could damage, disable, overburden, or interfere with the Site or interfere with the use and enjoyment of the Site by third parties. You may not obtain or attempt to obtain any material or information in any manner that is not intentionally made available or made available through the Site. IN NO EVENT SHALL GEM SOFTWARE (OR ANY OF ITS AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR COSTS RELATED TO THE ACQUISITION OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED UNDER THIS AGREEMENT; LOYAL. DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED UNDER THIS AGREEMENT OR OTHERWISE UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED REVENUE OR PROFITS OR LOSS OF BUSINESS OR SALES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF GEM SOFTWARE IS BASED ON THE THE POSSIBILITY OF DAMAGE HAS BEEN REPORTED. GEM SOFTWARE`S AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE VALUE OF (i) ONE HUNDRED U.S. DOLLARS OR (ii) THE FEES PAID TO GEM SOFTWARE UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD ENDING ON THE DAY A CLAIM OR CLAIM IS FIRST ASSERTED. THE FOREGOING LIMITATIONS APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF A LIMITED REMEDY. The Service is controlled, operated and administered by Choice Gems from our offices in the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree not to use Choice Gems Content accessible through www.gemsfacets.com in any country or prohibited by applicable laws, restrictions or regulations. . Any arbitration under these Terms and Conditions will be conducted on an individual basis; Class arbitration and class actions/associations/class actions are not eligible.

THE PARTIES AGREE THAT A PARTY MAY BRING ACTIONS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS ACTION IN AN ALLEGED COLLECTIVE, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, E.B. IN THE FORM OF AN ACTION BY THE PRIVATE ADVOCATE GENERAL AGAINST THE OTHER. In addition, unless you and Choice Gems agree otherwise, the arbitrator may not consolidate claims with more than one person and may not otherwise preside over any form of representative or class proceeding. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHOICE GEMS CO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA OR PROFITS ARISING OUT OF OR IN ANY MANNER IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE. WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OR NON-PROVISION OF SERVICES OR INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE OR OTHERWISE RESULTING FROM THE USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHOICE GEMS CO OR ONE OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. .