Rapaport Research Terms of Service

Terms of Service.
Welcome to Rapaport Research. This document provides important information about services available at Rapaport Research, including the Rapaport User's Code of Conduct, conditions of use, legal disclaimers, important limitations, privacy policy and other issues of importance to Users and Subscribers.

Terms of service:
The Terms of Service ("TOS") include the Rapaport User's Code of Conduct, Terms and Conditions of Service, The Limitations and The Privacy Policy. Each part of the TOS forms an integral and inseparable part of the TOS.

Acceptance of terms:
By using the services or offerings provided or accessing the information at Rapaport Research you agree to the TOS.

Definitions:
The term "Rapaport" when used in this TOS includes:

• all Rapaport Network Services;
• all Rapaport pricing services including information supplied by Rapaport Research, Rapaport Diamond Report®, RapNet® and INDEX®;
• Rapaport Research, its employees, agents and consultants; and
• Martin Rapaport and all companies owned by Martin Rapaport and their employees, agents and consultants.
  
  All disclaimers of warranty and limitations of liability in this agreement apply to Rapaport.

The term "Offerings" refers to the services or products provided by Rapaport Research.

The term "User" or "Subscriber" includes the individual or company applying for, using or subscribing to the Service.

Changes:
This TOS may be changed from time to time. Such changes will be posted on Rapaport Research website http://www.rapaportresearch.com.

A. THE RAPAPORT CODE OF CONDUCT

We at Rapaport are proud of our tradition of conducting our business in accordance with the highest moral and ethical standards and in compliance with the laws of the countries in which we operate.

Rapaport is committed to legal compliance and ethical business practices in all its operations and seeks to do business with those who share that commitment.

Rapaport will only do business with those who obey the laws of the country in which they operate and follow the principles expressed in this Code of Conduct.

Rapaport will only do business with entities or individuals whose business practices are lawful, ethical and in compliance with the principles set forth in this Code of Conduct.

Legal and Ethical Business Practices:
All Users must fully comply with all applicable local, state, federal, national and international laws, rules and regulations. Users must be ethical in their business practices and act in such a way so as not to bring the diamond, gem and jewelry industry or Rapaport into disrepute.

Conflict Diamonds:
We recognize the great harm done to local populations as a result of conflict in diamond mining/trading areas. Rapaport will not purchase, sell or in any way deal with conflict diamonds, nor will it contract with Users who purchase or trade in diamonds which were used to fund conflict or are traded in any way in violation of any United Nations resolutions or the Kimberley Process.

B. TERMS AND CONDITIONS OF SERVICE

Description of Service:
Rapaport Research produces in-depth analysis, market intelligence and long-term forecasts for the diamond, gem, and jewelry industry as well as other information services related to diamonds, gems and jewelry. The information is for the use of paid up registered Subscribers only.

Copyright:
The Subscriber acknowledges and agrees that the Service, Offerings, software, information provided by the Service and the content of Rapaport Research contain proprietary and confidential information. The User agrees not to copy, disclose, distribute or use in any manner any of the Offerings, in whole or in part, or any information provided by or through the Service.

The User recognizes that all information provided through Rapaport is copyrighted by Rapaport. The User agrees to respect all intellectual property rights of Rapaport. Any Offering, copyright, trademark, logo, printed material, on- or off-line information, or price report of Rapaport may not be used in any promotion, advertising or publication without the express written permission of Rapaport.

Fees:
The various pricing structures and Service options will be displayed on Rapaport Research. Rapaport reserves the right to amend the pricing structure from time to time. Any changes will be posted on Rapaport Research.

Customer Satisfaction Guarantee:
Should the User be unhappy with the Offerings for any reason, a proportional refund of any unused subscriptions or fees paid will be made.

The User agrees not to:

• Distribute to any third party any of the Offerings or information provided by Rapaport.
• Use the service in any way that violates the laws of the United States and/or any jurisdiction in which the User resides.
• Access any Rapaport system for the purpose of copying the software, logic, look and feel, or any features of the system for use in any competitive system.
• Disturb, interfere or disrupt the service, computer hardware or software providing the Service and/or use or access of the service in any manner for which it has not been designed or authorized.
• Upload, post, email, transmit or make available anything that contains computer codes, viruses, files or programs that interrupt, destroy, or limit the functionality of any computer software, hardware or other equipment.
• Attempt or obtain unauthorized access to any part of the Service or computer system.
• Transmit any program or virus through or into the computer hardware or software used or provided by the Service.
• Violate any Trademark, Copyright, agreement, Terms of Service, or Terms and Conditions associated with the Service.
• Use any information provided by the Service or Rapaport to establish a diamond trading and pricing or information service.
• Misrepresent the information obtained from the Service or alter any document printed from the pages provided by the Service.
• Provide false or misleading information including but not limited to cloaking or altering the information that identifies the source, time and location any contact made with the Service via the Internet.

Technical Difficulties:
From time to time technical difficulties may render the service inoperable. Rapaport does not guarantee uninterrupted service and accepts no liability for any such interruption. In the event that access to the service is limited for more than 24 hours Rapaport will extend the time that Service is available to the User.

C. IMPORTANT LIMITATIONS

The information provided by Rapaport is not a recommendation or suggestion of any kind to buy or sell; nor is it investment advice, an appraisal, guarantee of value, warranty, valuation, or offer to buy or sell. Rapaport Research believes all information provided in the Offerings to be reliable, however such information is not warranted to be accurate or complete.

Any projections and estimated assume certain economic conditions and industry developments which are subject to change. Any forecasts are independently prepared by Rapaport and are not endorsed by others. Any non-factual information represents our opinion and is subject to change.

DISCLAIMER OF WARRANTIES:

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:

USE OF THE SERVICE IS AT YOUR SOLE RISK; THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. RAPAPORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

RAPAPORT MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET THE USER'S REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM RAPAPORT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

ANY OR ALL WARRANTY IS STRICTLY LIMITED TO THE USER THAT AS REGISTERED AND PAID FOR THE SERVICE. NO WARRANTY OF ANY KIND IS EXTENDED TO ANY THIRD PARTIES.

LIMITATIONS OF LIABILITY:

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT RAPAPORT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RAPAPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR INABILITY TO USE THE SERVICE (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR RANSMISSIONS OR DATA (IV) STATEMENTS OF CONDUCT OF ANY THIRD PARTY AS THE RESULT OF ANY USE OF THE SERVICE (V) AND ALL OTHER MATTER RELATING TO THE SERVICE.

RAPAPORT CAN PROVIDE THE INFORMATION AVAILABLE VIA THE SERVICE FOR A RELATIVELY SMALL FEE ONLY BECAUSE OF THE LIMITATIONS OF LIABILITY AND WARRANTY EXPRESSED IN THESE TOS. IN ALL INSTANCES RAPAPORT DOES NOT ASSUME ANY LIABILITY EXCEEDING THE FEE PAID BY THE USER TO USE THE SERVICE.

RAPAPORT SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE RESULTING FROM ANY ERROR OR OMISSION IN THE INFORMATION PROVIDED BY RAPAPORT OR THE SERVICE OR FROM USE OF THE SERVICE EVEN IF CAUSED BY OR RESULTANT FROM THE NEGLIGENCE OR OTHER FAULT (EXCEPT FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE) OF RAPAPORT.

RAPAPORT SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY ERROR IN OR OMISSION FROM THE INFORMATION PROVIDED BY THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RAPAPORT EMPLOYEES MAY PROVIDE USERS WITH PERSONALIZED INFORMATION VIA EMAIL, TELEPHONE OR IN WRITING. THIS INFORMATION IS BASED ON THE SUBJECTIVE OPINION OF THE INDIVIDUAL PROVIDING IT. WHILE WE WILL MAKE EFFORTS TO ASSURE THAT OUR EMPLOYEES, AGENTS, ASSOCIATES AND/OR CONSULTANTS ARE KNOWLEDGEABLE ABOUT DIAMONDS AND DIAMOND PRICES, WE DO NOT GUARANTEE THE ACCURACY, EXPERTISE, EXPERIENCE, BACKGROUND OR KNOWLEDGE LEVEL OF ANY PERSON PROVIDING INFORMATION.

Exclusions and Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, the disallowed exclusions should be regarded as deleted and severable from the TOS.

Notice:
Notices to Users may be made via either Email or regular mail. The Service may also provide notices of changes to the terms and conditions or other matters by displaying such notices or links to revised terms and conditions on the Service. Notice to Rapaport may be made by registered mail to RapUSA, Suit 230, 3930 Howard Hughes Parkway, Las Vegas, NV, USA 89109

General:
The TOS set forth herein constitute the entire agreement between the User and Rapaport. The TOS governs the Users use of the Service and supercede any prior agreements. This agreement shall be governed by the laws of the State of Nevada. The failure of Rapaport to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such rights or provisions. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of the TAC remain in full force and effect. The User agrees that regardless of any law to the contrary any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action or forever be barred. The Section titles of the TOS are for convenience only and have no legal or contractual effect.

D. PRIVACY POLICY

Personal Customer / User Information is confidential. Rapaport will not disclose to any third party any personally identifiable information that you provide to us. This includes but is not limited to your name, email address and billing information. We will also not disclose any information that identifies you with any request you make of the system or any response that we provide you. All Email and other correspondence will be kept strictly confidential and not shared with any third parties.

Cookies:
Rapaport may use cookies to enhance your usage of our Service. We do not use cookies to save personal information for any secondary purposes.

Log Files:
Rapaport maintains log files that provide information about how our site is used. Information generated by the log files is only used in aggregate form for the purpose of analyzing our service. We collect, save and use IP addresses that are not linked to personally identifiable information to generate aggregate information that helps us analyze and monitor web site usage.

Disclosure of information:
Rapaport will provide personal information about Users in response to a U.S. court order or subpoena or in the event that your actions violate the TOS set out in this document.

Security:
The Service uses a Secure Socket Layer (SSL) for Internet communications that require enhanced security. All credit card information is obtained and transmitted via the SSL. Access to your Rapaport Account is also password protected.