Terms of Use

PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH HERKIMERDIAMONDS.CA PROVIDES YOU WITH VARIOUS SERVICES ON THE FOLLOWING WEB SITES: HERKIMERDIAMONDS.CA (THE "SITE"). ALL SERVICES PROVIDED BY HERKIMERDIAMONDS.CA ON THE SITE ARE COLLECTIVELY REFERRED TO AS "HERKIMERDIAMONDS.CA SERVICES". BY ACCESSING, BROWSING AND/OR USING OUR WEB SITES AND/OR SERVICES POSTED ON THE WEB SITE, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR WEB SITE OR ANY SERVICES WE PROVIDE.


Ownership of our Web Sites and Protection of Our Intellectual Property Rights
The contents of our Site are intended for the personal, noncommercial use of our users. All right, title and interest to the content displayed on our Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Herkimerdiamonds.ca, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.

Except as expressly authorized by Herkimerdiamonds.ca, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content (including without limitation any software) available through the Sites.


Changes To This Agreement
Herkimerdiamonds.ca may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on the home page. Your continued use of any of our Site following the posting of changes constitutes your acceptance of any such changes. You can review the most current version of this Agreement here. Please check this page from time to time for current terms of use.


Our Privacy Policy
The information that we obtain through your use of our Site, whether through the registration process or otherwise, is subject to the privacy policy posted on such site ("Privacy Policy"). The Herkimerdiamonds.ca privacy policy is here. The Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the applicable Privacy Policy before you use our Site. If you are unwilling to accept the terms and conditions of the applicable Privacy Policy, please do not use our Site.


Other Policies
Your use of THIS site is also subject to the other policies, disclaimers and guidelines we post on such site from time to time.


Your License to Access Content on Our Sites
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Sites via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Herkimerdiamonds.ca Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of Herkimerdiamonds.ca or the copyright holder identified in the relevant copyright notice.

You agree not to modify the Herkimerdiamonds.ca Services in any manner or form, or to use modified versions of the Herkimerdiamonds.ca Services, including (without limitation) for the purpose of obtaining unauthorized access to the Herkimerdiamonds.ca Services or portions of the Services. You agree not to access the Herkimerdiamonds.ca Services by any means other than through the interface that is provided by Herkimerdiamonds.ca for use in accessing the Herkimerdiamonds.ca Services.

Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Sites shall be construed as conferring any other license or right, expressly, by implication, or otherwise, with respect to any of Herkimerdiamonds.ca's Content or under any third party's Content. Any rights not expressly granted herein are reserved.

If you choose to forward content from the Sites via email through our Services, you agree that you will only forward such content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized conduct.


No Automated Querying
You may not send automated queries of any sort to our sites without express permission in advance from Herkimerdiamonds.ca. Note that "sending automated queries" includes, among other things:

  • using any software which sends queries to our sites to determine how a website or webpage "ranks" for various queries;
  • "meta-searching"; and
  • performing "offline" searches on any Herkimerdiamonds.ca web site


Passwords and Security
Access to certain Herkimerdiamonds.ca Services require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify Herkimerdiamonds.ca immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. Herkimerdiamonds.ca cannot and will not be liable for any loss or damage arising from your failure to comply with this section.


Links to Other Web Sites
A part of the Herkimerdiamonds.ca includes links to other World Wide Web sites or resources. Because Herkimerdiamonds.ca has no control over such sites and resources, you acknowledge and agree that Herkimerdiamonds.ca is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Herkimerdiamonds.ca shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Herkimerdiamonds.ca has no control and which will govern your rights and obligations with respect to the use of those Web sites.


Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Sites including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the Canada or the country in which you reside.


Modifications To Herkimerdiamonds.ca Services
Herkimerdiamonds.ca reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Herkimerdiamonds.ca Services (or any part thereof) with or without notice. You agree that Herkimerdiamonds.ca will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Herkimerdiamonds.ca Services.


Termination of Your Access to Herkimerdiamonds.ca Services
You agree that Herkimerdiamonds.ca, in its sole discretion, may terminate your access to any of the Herkimerdiamonds.ca Services, and/or remove, discard or modify any Postings or content within the Service, for any reason, including, without limitation, for lack of use or if Herkimerdiamonds.ca believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Herkimerdiamonds.ca Services may be effected without prior notice, and acknowledge and agree that Herkimerdiamonds.ca may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Herkimerdiamonds.ca Services. If you use the Sites in violation of this Agreement, Herkimerdiamonds.ca may, in its sole discretion, retain all data collected from your use. Further, you agree that Herkimerdiamonds.ca shall not be liable to you or any third party for the discontinuation or termination of your access to the Herkimerdiamonds.ca Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.


Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT HERKIMERDIAMONDS.CA IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, HERKIMERDIAMONDS.CA SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR HERKIMERDIAMONDS.CA SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT HERKIMERDIAMONDS.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL HERKIMERDIAMONDS.CA'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Indemnification of Herkimerdiamonds.ca
You agree to indemnify and hold Herkimerdiamonds.ca, its subsidiaries, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of or reliance on Herkimerdiamonds.ca Services, (c) your connection to our Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.


No Other Agreements Between Us
With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and Herkimerdiamonds.ca for governing your use of our Sites and Services and supersedes any prior agreements between you and Herkimerdiamonds.ca for that purpose, including any membership agreements or other similar agreements applying to our Site or Herkimerdiamonds.ca Services.


Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Herkimerdiamonds.ca are governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and Herkimerdiamonds.ca agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Peterborough, Ontario.


Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.


Limitation of Actions Brought Against Herkimerdiamonds.ca
You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Herkimerdiamonds.ca to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.


Contact Information
If you have any questions or concerns with respect to this Agreement or our Site, you may contact a representative of Herkimerdiamonds.ca at here.