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Last Modified November 19th, 2010

Please read carefully. AmberleyWest.com is owned and operated by Gembrooke Creations LLC ('GBC'). By using this site, www.AmberleyWest.com, you signify your acceptance of these Terms and Conditions of Use and any and all modifications, alternations and updates that GBC, our subsidiaries, affiliates, and Amberley West Sites around the world (collectively 'the Site') hereafter elect to make to these terms and conditions (herein referred to collectively as the "Terms of Use"). If you do not agree with any of the Terms of Use, do not use this site.

These Terms and conditions constitute an agreement between you and GBC. GBC reserves the right to modify or change these Terms and Conditions, or any policy or guideline published on the Site at any time and at our sole discretion. GBC updates our content regularly and any changes or modifications are effective immediately upon the posting of such revisions. You are advised to review the terms and conditions periodically, as your continued use of the Site after changes and modifications are made, constitutes your acceptance of the revised terms and condition. If you do not agree with the amended terms, you must stop using the Site.

Product Availability and Pricing

From time to time GBC and, subsequently, AmberleyWest.com will run out of an item before we are able to update our web site with more current inventory data. Also because GBC custom creates many of our designs to your specifications, including finger size, center stone size, metal type and others, delivery time may vary from what is posted on the site. If any of these situations occur we will contact you directly to discuss your options.

GBC makes the strongest of efforts to insure that our Site has the most accurate data, including prices, and product specifications available. There are times however when this data may be incorrect due to system and typographical errors. We work diligently to prevent these errors and correct them when they occur, and it is our policy not to honor inaccurate or erroneous pricing. If during the review of your order we discover that a product you purchased was priced incorrectly we will, at our sole discretion, either contact you in person to discuss the error and your options or cancel the order and notify you of such cancellation. If the product has shipped before we are able to notify you of inaccurate or erroneous pricing, you agree to return the product, or pay the difference between the actual and charged pricing once we notify you of the error. GBC reviews our pricing on a regular basis and they are subject to change without notice.

Diamond Grading Certificates

Diamonds sold on AmberleyWest.com when identified as certified are accompanied with a grading report or diamond certificate from an independent diamond-grading laboratory. GBC uses one of several highly respected laboratories, and the reports are very expensive to replace if they are lost for any reason. To recoup the cost of lost certificates, we ask that the diamond grading report be returned along with returned diamonds. If a diamond grading report is not returned with the corresponding diamond, you will be charged a replacement fee of $275.

Comparison Shopping

We understand that consumers may want to purchase several items, compare and then return the ones they are not interested in. Unfortunately this drives up our overhead and costs for all AmberleyWest.com shoppers. We do not allow it.

Product Specifications

GBC works hard to insure that our online product photos are as accurate and complete as possible. In order to view the detail of our products, there are times when some products may appear either larger or smaller than their actual size in our photographs. Also, every computer monitor renders color and size differently.

GBC complies with industry standards and FTC regulations. Finished jewelry you see on our site will often have the total diamond carat weight provided in both fraction and decimal formats. In keeping with FTC standards, we guarantee the total carat weight of our items to fall within GBC's fractional and decimal carat weight standards as provided. Colored gems and pearls are measured in millimeters and are allowed a tolerance of 0.25mm. Mounted gems are guaranteed to meet or exceed either our minimum or average color and clarity specifications as defined for that item. Loose diamonds and gems are evaluated and their quality parameters defined by an independent grading laboratory as named on the accompanying Diamond Grading Certificate. Weights and dimensions of our jewelry are based on our initial specifications for that product. Since jewelry items are hand crafted works of art, final products may vary slightly from these specifications. Individual product designs and specifications are reviewed periodically and can change at any time.

Ethical Sourcing

GBC sources all of our diamonds from respected suppliers who adhere to and enforce the standards established by the Kimberley Process. The Kimberley process is an international system that regulates the trade of diamond, ensuring they are from reputable and conflict free sources.

International Trade

GBC makes no representation that materials in the Site, including merchandise offered for sale on the site and their trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States and Canada. Those who choose to access this site from locations outside of the US and Canada do so on their own initiative and are solely responsible for compliance with any and all applicable local laws.

With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the common carrier.

Site Content and Trademarks

Material from our Sites may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You are not allowed to modify or use our materials for any purpose other than personal, non-commercial home use, and any other use is a violation of the copyrights and intellectual property rights of GBC and our affiliates. The use of any such material on any other Web site or networked computer environment is prohibited.

The trademarks, logos and service marks (collectively the "Trademarks"), which you see on this site, are registered and unregistered trademarks of GBC, its affiliates and others. Nothing in this site grants to you any license or right to use any Trademark displayed on this site without the prior written permission of the owner of the Trademark. Your use or misuse of any Trademark displayed on this site or of any other content on this site is strictly prohibited.

You may not use any meta tags or any “hidden text’ utilizing “Amberley West” or any other name, trademark or product or service name of GBC without our written prior permission.

Use of the Site

You are granted a personal, limited and non-transferable license to access and use the AmberleyWest.com Site and electronic 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. This license is subject to our Terms and Conditions and does not allow for the resale or commercial use of our Site Materials including product listings, pictures, and product descriptions in any way, or the distributing for public performance of our Site Materials.

Use of our Site or Site Materials other than is specifically authorized herein and without prior written permission of GBC, is strictly prohibited and will cause the termination of the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copy write and trademark laws and applicable communications regulations statutes. Unless explicitly stated herein, nothing in the above Terms and Conditions shall be construed as conferring any license to our intellectual property rights. The license is revocable at any time.

GBC reserves the right in accordant with the Digital Millennium Copyright ACT (DCMA) and other applicable law to bare and/or suspend users of our Site who infringe on the intellectual property of GBC or the intellectual property rights of others. We can do so at our sole discretion whether or not there is a history of repeat infringement.

Third Party Content

The AmberleyWest.com Site may contain links to Web pages and content of outside third parties (‘Third Party Content’), as a service to our customers. GBC does not monitor or have control over any Third Party Content and can make no guarantee as to its accuracy or completeness. GBC 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 associated Third Party Content contained therein at their own risk.

User Submissions

GBC is excited to hear from our customers and is always open to your questions, suggestions and comments. You acknowledge and agree however that any materials you provide to us, including but not limited to questions, comments, suggestions and ideas, regarding this site, Gembrooke Creations, or our products or services shall become the sole property of GBC. GBC will own exclusive intellectual property rights to these materials and will be entitled to the unrestricted use of these materials for any purpose, without acknowledgement or compensation. You grant GBC and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own and control all of the rights to the content of your submissions or that you have the right to submit this content; that the information is accurate; and that use of the material will not violate another person or entities rights or cause them damage.

Product Reviews and User Content

GBC may allow customers to leave product reviews and user generated content in specific areas of our Site ('Interactive Areas'). You are solely responsible for your use of these Interactive Areas and agree not to post media of any type ('User Content') which is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable. You also agree that you will not post User Content which would constitute, encourage, or provide instructions for a criminal offense, the violation of another's rights, or violate any local, state or international law. User Content must also not infringe on another parties intellectual property, and in posting to Interactive Areas you represent and warrant that you have the lawful right to distribute such User Content. You also agree not to post computer viruses or destructive code. GBC reserves the right to remove User Content that, in their sole judgment, is objectionable, inhibits the enjoyment of other person's, or may expose GBC or its customers to harm or liability.

GBC takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage such content may cause. GBC is also not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, GBC is not liable for the statements and actions of its users within the Interactive Areas and is not liable for any damage, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may experience or encounter. Although GBC does not have an obligation to screen, edit or monitor User Content, we reserve the right at our discretion to remove, screen or edit any User Content posted or stored on our site, without notice, at any time, and for any reason. You are solely responsible for backing up and restoring your data if necessary at your cost and expenses. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect GBC’s systems and customers, or to ensure the integrity and operation of GBC’s business and systems, GBC may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. GBC’s right to disclose any such information shall govern over any terms of GBC’s Privacy Policy.

If you post User Content to our Site, unless we indicate otherwise, you grant GBC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant GBC and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.

Indemnification

You agree to defend, indemnify and hold harmless GBC, 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 GBC 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 GBC, 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. GBC 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. GBC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. GBC DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Warranty

IN NO EVENT SHALL GBC, ITS MANAGING 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 GBC, 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 GBC’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 New Jersey, applicable to agreements made and to be entirely performed within the State of New Jersey, 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 the county of Essex, New Jersey 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 GBC 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, GBC 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 and Contact Information

If you have any questions, please do not hesitate to contact us at service@amberleywest.com or 800-436-2753.