General
Acceptance of KOH.COM Terms of Service
By using the KOH.COM Services provided and accessing the KOH.COM website and or information therein, you contractually agree and accept the terms of KOH.COM Terms of Service
Terms of Service
The KOH.COM Terms of Service includes and incorporates and includes this document as well as KOH.COM Code of Conduct, KOH.COM Privacy policy and KOH.COM Trading Rules. Each part of the Terms of Service forms an integral and inseparable part of Terms of Service.
Changes
This Term Of Service may be changed periodically. You agree to accept such changes as part of your contractual obligation, unless a written notice is provided within 5 business days. All changes will be posted on KOH.COM Website.
Definitions
The term “member”, or “user” includes the individual and/or company applying for or using the Service.
The term KOH.COM when used in this Term of Service includes all employees, consultants, agents, and affiliates.
Description of Service:
KOH.COM provides access to trading, market price, news and other information services related to the jewelry, watch, gem, and diamonds. This information is for the use of registered paid users.
KOH.COM does not guarantee the quality, accuracy, reliability of any information provided.
KOH.COM does not guarantee the quality, integrity or creditworthiness of any member of any trading network. All services provided are on as as-is basis with no guarantee or warranties from KOH.COM. User agrees that KOH.COM is not responsible for any consequential, additional, or other damages. KOH.COM liability shall be strictly limited to the membership fees paid to KOH.COM.
KOH.COM services are designed to provide the User with ability to buy, sell, list and price jewelry, watches, colored stones, and diamonds, the information provided is not an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort as for buying or selling of such goods.
Grading and pricing is based on subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the service or the expertise of those providing information via the service.
User Satisfaction Guarantee
Should the User be unhappy with the Services for any reason a full refund of money paid will be made (less $50.00 cancellation fee) provided that the User requests the refund via email Support@koh.com with five (5) days of first subscribing. In the event that the User has used the service more than five (5) days a partial refund will be made, based on the number of months remaining of the User’s subscription.
Fees
There are various pricing structures and Service options displayed on KOH.COM website. The right is reserved to amend the pricing structure from time to time. All changes will be posted on KOH.COM
Access to the Service
Access to the Service is provided to registered paid Users. User must provide, at User’s own cost, all computer, modem, telephone, and other equipments and software necessary to access and use the Service and shall be responsible for all charges necessary for such access and use.
KOH.COM reserves the right to refuse, restrict, suspend, limit, or terminate any or all Services provided to any User at any time for any reason subject to the condition that KOH.COM will refund on request the balance of any money paid for the Service.
Users must complete an application request for membership and access to the Service.
KOH.COM Users may not disclose proprietary information to third parties.
KOH.COM Users may not share names or contact information of other KOH.COM members with third parties. A Broadcast email may not be sent to other members.
KOH.COM Users may not disclose or share their access or password with any third party. Password use is strictly limited to specific individuals. Members may request additional passwords from customer service in the event multiple users require access to the company date. Additional charges may apply.
KOH.COM Users may not download KOH.COM sell listings; buy listings, or any other KOH.COM data without the permission of the company posting the listings.
KOH.COM Users are required to fully comply with all Terms of Service.
KOH.COM Users may not access, store, share, use or distribute KOH.COM member information without the permission of KOH.COM
Listing and Trading of Products and Services:
Users may not list (upload) Goods and Services with inaccurate, false, or misleading information.
Users must provide accurate information on the availability of services, and products listed.
Users must update pricing and availability information every 10 days.
Users uploading diamond and diamond jewelry must meet the Kimberley Process rules and regulations may be listed or traded through KOH.COM. No diamond, or diamond jewelry, may be listed or traded unless:
The diamond was purchased from suppliers who have warranted to the User that the diamond is “conflict free;” or, the User can guarantee from personal knowledge that the diamond is conflict free.
All Users must supply invoices in respect of sales to other Users. All diamonds sold or traded via KOH.COM must contain one of the following declarations on the invoice:
The diamonds herein invoiced were acquired by the seller prior to January 1, 2003 and were purchased from sources believed to be reliable. The seller hereby guarantees that they have no personal knowledge or reason to believe that these diamonds are conflict diamonds, which have been traded in violation of any United Nations Resolution.
OR
The diamonds herein invoiced have been purchased from legitimate sources not involved in funding conflict and in compliance with United Nations resolutions. The seller hereby guarantees that these diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of these diamonds.
Treated diamonds / colored stones
Treated and enhanced diamonds and colored stones (Bleach, coated, Dye, fill, heat, pressure impregnation, laser, oil/resin, Irradiated, diffusion, was/oil, clarity enhanced, HPHT) may be listed and traded on the Service. However, full disclosure must be made as to the process and the effect of the treatment. All Users must disclose the treatment when listing the diamond, or colored stone, on the invoice to the purchaser. Should any User be found to have listed or traded such a diamond, or colored stone, without such full prior disclosure, their access to the Service will be permanently terminated without notice.
Users who violate any of the above provisions will be subject to having their membership revoked and/or be excluded from KOH.COM.
Downloading Product Information
Users may allow other KOH.COM members to download inventory of their products listed for sale on KOH.COM by setting permissions on their account and using the Permission form.
Users may not download diamond listings without having applied for and been granted permission in writing by KOH.COM.
Products belonging to other KOH.COM Users may not be downloaded for listing with any competitive diamond / Jewelry / watch / colored stone trading networks.
Users will be able to grand specific KOH.COM members’ permission to download their inventory through completing the Permission form.
The User agrees Not to:
Use the service in any way that violates the laws of the United States and/or any jurisdiction in which the User resides.
Access the service in any unauthorized manner including but not limited to reverse engineering computer code or the underlying logic of the pricing and trading system.
Disturb, interfere, or disrupt the service, computer hardware of software providing the service, including automatic downloads of queries via users computer programs and/or use or access of the service in any manner for which it has not been designed or authorized.
Attempt or obtain unauthorized access to any part of the Service or computer system
Violate any Trademark, Copyright, agreement, Terms of Service, or Terms and Conditions associated with the Service.
Access the system for the purpose of copying the software, look and feel, logic, or any features of the system for use in any competitive system.
Use any information provided by the Service or KOH.COM to establish a competing jewelry, diamond, watch, colored stone 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.
Print, copy, save, or distribute any of the information provided by the website except for the information provided to the User in response to requests about prices and listing of products.
Email, Upload, post, 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.
Transmit any program or virus through or into the computer hardware or software used or 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 a the Service via the Internet.
Copy, review, or download any listing of inventory for sale, or buy requests for use, including partial or derivative use, in any other website or trading system available to third parties without written permission of KOH.COM.
Copy, review and/or download any news, analysis, or other information by any news, information or Internet service or company that provides information to the jewelry, watch, gem, and diamond trade and/or competes with the information services provided by KOH.COM
Technical Difficulties
At times technical difficulties may render the service inoperable. KOH.COM 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, KOH.COM will extend the time that Service is available to the User.
Proprietary Rights
Member herewith acknowledges and agrees that the Service, its software, information provided by the service and content of KOH.COM contain proprietary and confidential information. The User agrees not to copy, disclose, or use in any manner information provided by or through the Service. Further the User recognizes that all information provided through KOH.COM is copyrighted by KOH.COM. The User agrees to respect all intellectual property rights of KOH.COM. Any copyright, logo, trademark, on-line information, or printed material may not be used in any promotion, advertising or publication without the express written permission of KOH.COM.
Trading
KOH.COM has not examined any of the product/services that are listed on its web site. Information provided by the Service is based on certificates, grading systems, or third party information listed on the system by the members. Such information may be wrong and thereby result in inaccurate pricing, or grading analysis. The use of the Service by the User is on his or her own account and risk and KOH.COM provides no guarantee for accuracy of the information listed on the Service by Members.
Information
The information provided by KOH.COM is not a suggestion or recommendation of any kind to buy, or sell jewelry, watches, colored stones, or diamonds; nor is it an appraisal, warranty, guarantee of value, offer to buy or sell, or valuation. KOH.COM does not guarantee or warrant the accuracy of any information and does not guarantee that any User will fulfill any obligations made on or through the Service.
LIMITATION OF LIABILITY:
THE MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT KOH.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF KOH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,) RESULTING FROM 1. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, INFORMATION, SERVICES, OR DATA PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; 2. THE USE OR INABILITY TO USE THE SERVICE; 3. STATEMENTS OF CONDUCT OF ANY THIRD PARTY AS THE RESULT OF AY USE OF THE SERVICE AND ALL OTHER MATTER RELATING TO THE SERVICE; 4. UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA.
KOH.COM SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE RESULTING FROM ANY ERROR OR OMISSION IN THE INFORMATION PROVIDED BY KOH.COM OR THE SERVICE OR FROM THE USE OF THE SERVICE, EVEN IF CAUSED BY OR RESULTANT FROM THE NEGLIGENCE OR OTHER FAULT OF KOH.COM (EXCEPT FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.)
KOH.COM AND ITS EMPLOYEES MAY PROVIDE MEMBERS WITH PERSONALIZED INFORMATION VIA TELEPHONE, EMAIL, OR IN WRITING. THIS INFORMATION IS BASED ON THE SUBJECTIVE OPINION OF THE INDIVIDUAL PROVIDING IT. KOH.COM WILL MAKE ALL EFFORTS TO ASSURE THAT EMPLOYEES, ASSOCIATES, AGENTS, AND CONSULTANTS ARE KNOWLEDGEABLE ABOUT THE JEWELRY AND DIAMOND INDUSTRY, WE DO NOT GUARANTEE THE ACCURACY, EXPERTISE, EXPERIENCE, KNOWLEDGE, OR BACKGROUND LEVEL OF ANY PERSON PROVIDING INFORMATION.
KOH.COM DOES NOT ASSUME ANY LIABILITY EXCEEDING THE FEE PAID BY THE MEMBER TO USE THE SERVICE.
KOH.COM 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.
DISCLAIMER
THE MEMBER EXPRESSLY AGREES AND UNDERSTANDS THAT:
ANY OR ALL WARRANTY IS STRICTLY LIMITED TO THE INDIVIDUAL MEMBER THAT AS REGISTERED AND PAID FOR THE SERVICE. NO WARRANTY OF ANY KIND IS EXTENDED TO ANY THIRD PARTIES.
ANY AND ALL MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THE MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM KOH.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
KOH.COM MAKES NO WARRANTY THAT 1. THE SERVICE WILL MEET THE MEMBER’S REQUIREMENT. 2. THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR FREE. 3. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET THEIR EXPECTATIONS, AND, ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 4. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
USE OF THE SERVICE IS AT MEMBER’S SOLE RISK; THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KOH.COM 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.
LIMITATIONS AND EXCLUSIONS
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 Terms of Service.
NOTICE
Notice to KOH.COM may be made by registered mail to: KOH.COM, 9401 Wilshire Blvd., #840, Beverly Hills, CA 90212. Notices to members may be made via either email or regular mail. KOH.COM 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 KOH.COM.
General:
The Term of Service forth herein constitutes the entire agreement between the member and KOH.COM. The Terms or Service governs the members’ use of the KOH.COM and supersede any prior agreements.