YOUR USE OF THE GEMSHOWONTHEWEB.COM WEB SITE (THE "WEB SITE"), CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE.

1. Purpose of Web Site. This Web Site is a service made available by GemShowOnTheWeb, LLC ("Provider" or "GemShow"). The information in the Web Site is for jewelers, gemstone and mineral dealers of various types, and members of the public to find dealers and jewelers who may have the products or services they are searching for. The Web Site also provides a method for listing items for sale and searching for items which have been listed for sale.
   
   
2. Gem Dealer or Jeweler Listings within Product and Service Categories. This Web site also contains a searchable directory (the "View All Dealers" link or "Dealer Directory") and ("Find A Gem Dealer by Category" tab) of gem show dealers and jewelers (hereinafter referred to as "Dealers"). Some of the information in these sections was provided by the dealers themselves and some was entered by GemShow from industry sources. Provider does not warrant the validity of the information, nor does it guarantee the quality of the work product of the Dealers. The choice of Dealers are important decisions and should not be based solely upon listings or a dealer's self-proclaimed area of expertise. Provider cannot review all of the content of the listings that are provided by the Dealers or all of the links to the Web site. Provider is not responsible for any material or information contained in the linked sites or provided by Dealers. A description or indication of expertise by a Dealer does not mean that any agency or board has certified such Dealer as a specialist or expert in any indicated field, nor does it mean that such Dealer is necessarily any more expert or competent than any other Dealer. All users of the Web Site are encouraged to make their own independent investigation and evaluation of any Dealer they might consider purchasing from.
   
   
3. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (1) to access the Web Site strictly in accordance with these Terms and Conditions of Use; (2) to use the Web Site and Dealer Directory solely for internal, personal and commercial purposes; and (3) to print out discrete information and search results from the Web site and Dealer Directory solely for internal, personal and commercial purposes and provided that you maintain all copyright and other notices contained therein.
   
   
4. Restrictions and Prohibitions on Use. Your license to access and use the Web site and Dealer Directory are subject to the following restrictions and prohibitions of use. You may not (1) copy, print (except for the express limited purpose permitted by paragraph 3, above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web site, Dealer Directory or any information or materials retrieved therefrom; (2) use the Dealer Directory or any other materials from the Web site to develop, or as a component of, an information storage and retrieval system, database, info-base, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Dealer Directory or any other materials from the Web site; (4) use the Dealer directory or any other materials from the Web site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Web site; (6) make any portion of the Web site or Dealer Directory available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Web site; (8) de-compile, disassemble or reverse engineer any Web site software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Web site; (10) use the Web site or Dealer Directory for the purpose of gathering information for or transmitting (a) unsolicited commercial E mail; (b) E mail that makes use of Provider's name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Web site or Dealers Directory in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Web site or any portions thereof, or any software available on or through the Web site, in violation of the export control laws and regulations of the United States.
   
   
5. Policy on Email. Provider does not authorize the use of the Web site or Dealer Directory for purpose of gathering information for or transmitting unsolicited bulk commercial E mail over the Internet to Dealers or other third parties. Internet email sent to or through Provider's computer systems or to Dealers or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit E mail to or through the Provider's computer systems is strictly prohibited. E mail that is relayed to or through the Provider's computer systems from a third party's mail servers without permission of such third party, or which employs a similar device to hide the real source of the E mail is also strictly prohibited. Provider prohibits anyone from sending E mail to or through its computer systems that violates these Terms and Conditions of Use. Provider prohibits the harvesting of E mail addresses from the Web site for the purpose of sending unsolicited bulk commercial E mail.
   
   
6. No Advice to Buyers. Information contained on or made available through the Web site is not intended to and does not constitute purchasing advice or recommendations under any circumstances. Nothing submitted to this Web Site is treated as confidential. Provider does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Web site. Your use of information on the Web site or materials linked from the Web site is entirely at your own risk. Provider is not a gem dealer or jeweler referral service. Provider does not receive any sales commission or any portion of the sales made by any of the dealers or jewelers listed on the Web site and any arrangements subsequently made by you and any dealer or jeweler are strictly between you and such party and do not involve Provider in any way.
   
   GemShowOnTheWeb.com is a venue and is not a party to transactions. GemShowOnTheWeb, LLC accepts no responsibility for what has been written about the items for sale on the Web site. GemShowOnTheWeb, LLC cannot verify the accuracy of the information which is used to describe the items for sale. Information in the ads, which are posted by individuals or dealers, and listed in the Items For Sale section was provided by those individuals or dealers or companies posting the classified ads with items listed therein. GemShowOnTheWeb, LLC does not guarantee nor make any claim nor endorsement with regard to the quality, the genuineness, the identity nor the value of the items which have been listed in the various ads which have been posted by various individuals or dealers offering the items for sale.
   
   
7. Release. Because we are a venue, in the event that you have a dispute with one or more Users or advertisers listed on GemShowOnTheWeb.com, you release GemShow (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Any dispute between you, the User, and any other User or any advertiser with a company listing or items for sale or any private individual with items listed for sale, is a dispute between you, the User, and that other party. GemShowOnTheWeb, LLC is not a party to the dispute.
   
   If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
   
   
8. Intellectual Property Rights. Except for the limited license contained in paragraph 3 above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web site and its content belong to Provider, its licensors, or Dealers, as applicable. For further information, see Copyright.
   
   
9. Electronic Commerce. The content on this Web site, including but not limited to articles, the Dealer Directory, and other resources and information, is for personal use only. Notwithstanding the foregoing, to the extent this Web Site provides any purchasing opportunities through electronic commerce, such buying opportunities may be made available for group as well as personal purchasing according to the particular terms thereof and so long as you are authorized to make purchases on behalf of such group.
   
   
10. Postings. You agree not to post, publish, upload or distribute in the interactive areas on this Web site
    any messages, data, information, text, graphics, links or other material ("Postings") which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Provider may delete your Posting or terminate your account at any time for any reason without permission from you. Participants shall not misrepresent their identity or their affiliation with any person or entity.
    
    
11. Dealer and Jeweler Ethics Notice. If you are a dealer or a jeweler, participating in any aspect of this Web Site, including but not limited to, message boards, chat rooms or E mail forums you acknowledge that rules of professional conduct apply to all aspects of your participation and you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized business practices, and misrepresentations of fact. Provider disclaims all responsibility for your compliance with these rules.
    
    
12. License of Your Content to Provider. By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, non-exclusive right and license to use, modify, adapt, and distribute such materials or incorporate such materials into the Web Site. The user shall inform Provider to remove materials which were previously submitted to Provider by the user for posting on the Web Site and Provider will remove the material in a reasonable amount of time in accordance with the user's request.
    
    
13. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials.
    
    
14. Registration. Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide Provider with accurate, complete registration information. Your registration must be done using your real name and accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform Provider of any changes to that information by E mailing Info@GemShowOnTheWeb.com. Each registration is for your personal use only, unless specifically designated otherwise on the registration page. Provider does not permit (a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by E mailing Info@GemShowOnTheWeb.com.
    
    
15. Errors and Corrections. Provider does not represent or warrant that the Web site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Web site at any time.
    
    
16. Third-Party Content. Third-party content may appear on this Web site or may be accessible via links from this Web site. Provider shall not be responsible for and assumes no liability for any mistakes, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider.
    
    
17. DISCLAIMER. THE WEB SITE IS PROVIDED ON AN "AS IS " BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
    
    
18. LIMITATION OF LIABILITY AND DAMAGES. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN A CHAT ROOMS, MESSAGE BOARDS OR E MAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
    
    
19. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, E mail addresses, usage history, posted materials, IP addresses and traffic information.
    
    
20. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Web site. You agree to indemnify and hold harmless Provider from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Web site, or your violation of any rights of a third party.
    
    
21. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Provider's Web sites and their features.
    
    
22. Governing Law, Jurisdiction and Non-Waiver. These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Colorado and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Colorado and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.
    
    
23. Privacy. Your use of the Web Site is also subject to Provider's Privacy Policy, which you link to by clicking here: Privacy Policy
    
    
24. Severability of Provisions. These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Web site and constitute the entire agreement between you and Provider with respect to access to and use of the Web site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
    
    
25. Modifications to Terms of Use. Provider reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Web site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Web site after any such changes constitutes your consent to such changes.