Terms & Conditions

These terms and conditions apply to the GemRap Web site located at www.GemRap.com, and all associated Web sites linked to www.GemRap.com by GemRap, LLC, its subsidiaries and affiliates, (collectively ‘GemRap’ or ‘the Site’). Please read these terms and conditions (the ‘Terms and Conditions’) carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions govern your use of, and any purchase or subscription from, the GemRap Site, and constitute an agreement between you and GemRap. GemRap reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.


Information on our Site

At GemRap , we make every attempt to ensure that our site information is as accurate and complete as possible. In order to give you the opportunity to view our services in great detail, some products may appear larger or smaller than their actual size; and since every computer monitor is set differently, color and size may vary. Our Site may depict or offer services that may not be available to all its members.

Current Pricing Structure and Policy

The following pricing structure and policy apply to all GemRap members:

  • A non-refundable, one-time account initiation and setup fee of $99.
  • As to all member businesses doing business as an appraiser: $399 per fiscal year, regardless of upload quantity;
  • As to all retail jewelers or retailers: $199 per fiscal year, up to and including 400 uploaded reports or appraisals (regardless of image quantity per report or appraisal);
  • As to all retail jewelers or retailers subscribing to the unlimited membership, or exceeding 400 uploaded reports or appraisals at any time during the fiscal year: $399 per fiscal year.

A fiscal year begins to run upon execution of the membership form and payment of the membership fee.

These fees are subject to change for non-members at any time. These fees are subject to change for members at the start of the next fiscal year.

A member may cancel its membership at any time. Without any exceptions, the following refund schedule applies to all cancellations:

  • From membership form execution and up to seven days: 100% refund of membership fees;
  • From 8 days of membership form execution and up to 30 days: 50% refund of membership fees;
  • After 31 days of membership form execution: no refund.

Accounts cancelled upon a breach of GemRap’s Terms and Conditions are not entitled to any refund.

Members may use GemRap services while utilizing their own imaging equipment for photographs. For those businesses choosing to offer their customers the added benefits of a 360° animation with an included magnifier and microscope for laser-inscription images, Members MUST purchase the necessary equipment through GemRap.

This optional equipment package, which retails at over $9,500, is offered exclusively to GemRap members at a special rate of $8,495, and it includes:

  • First Year of GemRap UNLIMITED Membership at no charge;
  • 3D PhotoBench 60 – 360 Spin Photo Lighting Studio for 360 Animation (Retail price $7990);
  • GemEx Pro Digital LCD Microscope for Inscription images (Retail price $350);
  • DSLR camera bundle for images (Retail price $1200), which includes the following:
    • Canon DSLR
    • Tripod
    • Macro lens
    • Macro Filters
    • 16GB SD Card
    • Carrying Case

Members who already own the 3D PhotoBench and wish to upload 360° animation through their account, must first provide proof of purchase to GemRap predating their Membership execution date, and must have permission from GemRap, in writing, prior to any 360° animation uploads.
GemRap reserves the right to change or modify the optional equipment package or its values at any time.

 

Privacy Policy

Please refer to our Privacy Policy for information on how GemRap collects, uses, and discloses personally identifiable information from its customers.

 

Site Content

The Site and all content and other materials, including, without limitation, the GemRap logo, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of GemRap or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

HOWEVER, THE CONTENTS AVAILABLE THROUGH EACH MEMBERS’ OWN PORTAL IS THE PROPERTY OF THE RESPECTIVE BUSINESS. GEMRAP DOES NOT ENDORSE, FAVOR, APPROVE, AND OTHERWISE AUTHENTICATE THE SUB-CONTENT OF EACH BUSINESS, INCLUDING BUT NOT LIMITED TO, PICTURES, APPRAISALS, REPORTS, VALUES, ANIMATIONS, OR THE VALIDITY OF THE CONTENTS THEREIN.

 

Trademarks

GemRap , the GemRap logos, and any other product or service name or slogan contained in our Site are trademarks of GemRap and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GemRap or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “GemRap ” or any other name, trademark or product or service name of GemRap without our prior written permission. All other trademarks, registered trademarks, product names and GemRap names or logos mentioned in our Site are the property of their respective owners.

 

Use of the Site

You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include, UNLESS you are an active member: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Superior Gemological Laboratory, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

You acknowledge and agree, as part of your membership, to upload content which belongs to you, the member, content created by you, or content to which you own or license the necessary copyrights. You agree to not share, sell, lease, sublease, temporarily or permanently, your account information, including username(s) and password(s) with anyone outside your business or entity. Any appraisal(s) or report(s) uploaded by any business other than the member business shall be deemed a material breach of the Member’s membership agreement with GemRap, subjecting the member to an immediate cancellation of its membership and/or suspension of the account. GemRap shall have sole discretion to seek any other remedies, legal or otherwise, in case of such material breach.

Site Security You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site include without limitation:

  • logging into or attempting to log into a server or account that you are not authorized to access;
  • accessing data or taking any action to obtain data, information or services not intended for you or your use;
  • attempting to probe, scan or test the vulnerability of any system or network;
  • tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
  • transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer’s functionality or the operation of the Site.

Other prohibited activity In using this Site, you must not:

  • post, send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that Chevron in its sole discretion does not wish posted or transmitted on the Site;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload or otherwise make available files that contain images, software or other material protected by intellectual property laws, other than your own, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
  • misrepresent your identity or affiliation in any way;
  • violate any applicable laws or regulations; or
  • assist or permit any persons in engaging in any of the activities described above.


User Submissions You must exercise caution, good sense and sound judgment in using the Site. You are responsible for any material you place on or transmit to or through the Site. You agree, represent and warrant that any information you post to or transmit through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

 

Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, GemRap has adopted a policy of terminating and barring, in appropriate circumstances and at GemRap‘s sole discretion, site users or account holders who are deemed to be repeat infringers. GemRap may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Third Party Content

GemRap may provide links to Web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. GemRap does not monitor or have any control over any Third Party Content or third party Sites. GemRap does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. GemRap does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

 

Advertisements and Promotions

GemRap may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Superior Gemological Laboratory, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. GemRap is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-GemRap advertisers on our Site.

 

Indemnification

You agree to defend, indemnify and hold harmless  GemRap and the Site, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against GemRap and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

 

Disclaimer of Warranty

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GEMRAP , THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “PRODUCTS AND SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GEMRAP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. GEMRAP DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. GEMRAP DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Limitation of Liability

IN NO EVENT SHALL GEMRAP, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM GEMRAP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GEMRAP‘S RECORDS, PROGRAMS OR SERVICES.

 

Applicable Law and Venue

These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Los Angeles County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.

 

Modification and Notice

You agree that GemRap may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

 

Termination

Notwithstanding any of these Terms and Conditions, GemRap reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.

 

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

 

Questions & Contact Information

If you have any questions, please do not hesitate to contact us at info@GemRap.com or 213-627-6689.