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Arjav Diamonds does not warrant that information contained on
the site will be accurate, reliable or error free, or that defects will be
corrected. Arjav Diamonds cannot be held responsible for errors and omissions in
the site and reserves the right to modify and correct errors at any time.
Material on the site may also contain technical inaccuracies or typographical
errors (including pricing errors), and may be changed, updated or modified at
any time without notice; Arjav Diamonds will not be liable or responsible for
any such inaccuracies, errors, changes, or updates. Arjav Diamonds may in its
sole discretion add, delete, or change some or all of its products and services
at any time. Arjav Diamonds has attempted to accurately depict the products
offered on the site. However, because the depiction of a product is dependent on
your computer monitor and video adapter, Arjav Diamonds cannot guarantee that
such depiction will be accurate. The products also may appear larger or smaller
than their actual size depending on your monitor and video adapter. Some
photographs have been enlarged to show detail.
Use of the site is entirely at your own risk. Except as
expressly set forth below or in a written warranty that accompanies a product
(and then only with respect to such product), Arjav Diamonds expressly disclaims
all representations and warranties of any kind either express or implied
(including without limitation, warranties of merchantability, fitness for a
particular purpose, accuracy and availability) regarding the site and any
products offered or available through the site. The site, products and
information on the site are provided on an 'as is-where is' basis. Neither Arjav
Diamonds nor its subsidiaries, affiliates or any of their respective employees,
agents, directors, employees, representatives, shareholders, predecessors,
successors, or assigns (collectively, 'affiliates') will be liable for any
indirect, incidental, special, punitive, or consequential damages whatsoever
arising directly or indirectly from use of the site, the information contained
on or transmitted from the site or products available or purchased through the
site, or transactions conducted at the site, even if Arjav Diamonds has been
advised of the possibility of such damages or losses. Some states do not allow
the exclusion or limitation of liability for consequential or incidental damages
so the above limitation or exclusion may not apply to you. In no event shall the
total liability of Arjav Diamonds or its affiliates arising directly or
indirectly from this site or any products available or purchased through the
site exceed the lesser of the amount paid by you to Arjav Diamonds for the
single product at issue, or one thousand dollars ($1,000). You hereby
acknowledge that all the provisions of this section will apply to all use of the
site, the information contained on the site, and products available or purchased
through the site, and transactions conducted at the site.
Subject to the following arbitration provision these terms and
conditions shall be governed by, construed and interpreted according to the laws
of the state of New York, and you and Arjav Diamonds (the 'parties') agree to
and consent to the exclusive jurisdiction and venue of the courts in New York.
Should a dispute arise between the parties, which cannot be resolved by the
parties in good faith negotiations. Both parties agree to submit such dispute to
arbitration in New York, before a single arbitrator familiar with the uniform
commercial code using the commercial rules of the American arbitration
association.
The following modifications to be enforced by the arbitrator
consistent with New York law:
| (a) |
Any such arbitration proceeding shall be confidential as to the
existence, content, and results of the arbitration;
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| (b) |
Depositions shall not exceed two (2) per party and all must be
completed within a single day; |
| (c) |
Document requests are limited to no more than ten (10) clearly
identified categories of documents which must be provided to the requesting
party within five (5) business days of the request; |
| (d) |
Each party shall have no more than eight (8) hours to present
its position and |
| (e) |
The entire hearing shall last no longer than three (3)
business days. The award, if any, shall be rendered no more than thirty (30)
days following the end of the proceeding. Any court having jurisdiction may
enter judgment upon the award rendered by the arbitrator. Both parties expressly
agree that any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. | | 
