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USER AGREEMENT
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BY
VISITING, BROWSING, ORDERING, ACCESSING OR OTHERWISE USING THIS WEB SITE
(THE "SITE") OPERATED BY RUSSIAN DIAMONDS SYNDICATE, YOU AGREE
WITH THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by
visiting, browsing, ordering, accessing or otherwise using the Site. These
terms and conditions are subject to change without prior notice at any
time, in Russian Diamonds Syndicate sole discretion. By visiting,
browsing, ordering, accessing or otherwise using the Site after a change
has been posted to the Site, the Customer accepts that change.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a
legal contract between you and Russian Diamonds Syndicate. (References to
"you" or "your" shall relate to a customer of Russian
Diamonds Syndicate or other party that visits, browses, shops, accesses or
otherwise uses the Site (the "Customer"); references to "
Russian Diamonds Syndicate " shall relate to Russian Diamonds
Syndicate and its affiliates.) By visiting, browsing, ordering, accessing
or otherwise using this site ("Site"), you acknowledge that you
have read, understood, and agree to be bound by this User Agreement and
comply with all applicable laws and regulations, including U.S. export and
re-export control laws and regulations. If you do not agree to this User
Agreement, as it may be changed by Russian Diamonds Syndicate from time to
time, do not use this Site. The material provided on this Site is
protected by law, including, but not limited to, United States copyright
law and international treaties. This Site is controlled and operated by
Russian Diamonds Syndicate from its offices within the United States.
Those who choose to access this Site from other locations do so on their
own initiative and are responsible for compliance with applicable local
laws.
Any claim relating to, and the use of, this Site and the materials
contained herein is governed by the laws of the state of New York without
regard to conflict of law rules. You consent to jurisdiction of the
federal and state courts located in New York, NY to hear any such claims.
Access, Interference and Linking
Russian Diamonds Syndicate grants you a limited license to access and make
personal use of the Site but not to download (other than page caching) or
modify it, or any portion of it, except as provided below under "Use
Restrictions," or with express written consent of Russian Diamonds
Syndicate.
The following activity on the Site is expressly prohibited: Any
non-personal or commercial use of any robot, spider, other automatic
device, or manual process to monitor or copy portions of the Site or the
content contained herein without prior written permission by Russian
Diamonds Syndicate; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of another merchant
that supplies products competitive with or comparable to those offered on
the Site; and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site, or otherwise
interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Russian Diamonds
Syndicate.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of the Site so long as the link does not
portray Russian Diamonds Syndicate, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any Russian Diamonds Syndicate logo or other
proprietary graphic or trademark as part of the link without express
written permission.
Russian Diamonds Syndicate does not review or control third-party sites
that link to or from the Site, and is not responsible for the contents of
any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by Russian
Diamonds Syndicate or by the original creator of the material. Except as
stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
written permission of Russian Diamonds Syndicate or the copyright owner.
Permission is granted to display, copy, distribute and download the
materials on this Site for personal, non-commercial use only, provided you
do not modify the materials and that you retain all copyright and other
proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon
termination, you must immediately destroy any downloaded or printed
materials. You also may not, without Russian Diamond Syndicate prior
written permission, "mirror" any material contained on this Site
on any other server. Any unauthorized use of any material contained on
this Site may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their
respective owners. Photographs courtesy of respective manufacturers.
Russian Diamonds Syndicate logo are registered trademarks of Russian
Diamonds Syndicate. Copyright © 2001 Russian Diamonds Syndicate.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
RUSSIAN DIAMONDS SYNDICATE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS
OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE
MATERIALS ON THIS SITE, EVEN IF RUSSIAN DIAMONDS SYNDICATE OR A RUSSIAN
DIAMONDS SYNDICATE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE
RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR
DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information therein available and/or
by purchasing any products or services made available through this Site,
you agree with Russian Diamonds Syndicate, its service providers, agents,
employees, successors, assigns, affiliates, parents, subsidiaries and any
content provider or offerer of goods or services on this Site or through
any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER
AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE
PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR
OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT,
WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the
Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in
effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com/
or can be obtained by calling 1-800-753-9448. Notwithstanding any choice
of law provision included in this User Agreement, this arbitration
agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16)
and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement
of the award is sought). Hearings shall be held as provided by the Code
and if any In-person Hearing is required, it shall be held in Lynden,
Washington. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Account and Password
You are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or
password. Russian Diamonds Syndicate reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in its sole
discretion.
Communications to Russian Diamonds Syndicate
Any communication or material you transmit to the Site by electronic mail
or otherwise, including any data, questions, comments, suggestions, or the
like is, and will be treated as, non-confidential and non-proprietary.
Anything you transmit or post may be used by Russian Diamonds Syndicate
for any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Russian
Diamonds Syndicate is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to Russian Diamonds
Syndicate or the Site for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products using such
information.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact:
Russian Diamonds Syndicate
37 West 47th. street # 1001
New York, NY, ZIP:10036, USA
Telephone: (212) 944-1945
Fax: (212)
764-3837
E-mail: Marketing@RussianDiamondsSyndicate.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User
Agreement, please do not visit, browse, order, access or otherwise use
this Site.
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