This page states the "Terms and Conditions" under which you may use AmericanJewelryExchange.Com. They also provide notice of some of AmericanJewelryExchange policies. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. AmericanJewelryExchange.com (the "Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason. ACCEPTABLE SITE USE Users may not use the Web Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is harmful, defamatory, vulgar, obscene, threatening, abusive, harassing, hateful, or otherwise objectionable. Users are prohibited from violating or attempting to violate the security of the Web Site, including without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. SPECIFIC PROHIBITED USES The Web Site may be used only for lawful purposes by individuals seeking to transact the purchase or sell of merchandise. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: 1. Posting any incomplete, false or inaccurate descriptive information or information which is not an accurate representation of product. 2. Posting any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents. 3. Deleting or revising any material posted by any other person or entity. 4. Using any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on this site. 5. Taking any action which imposes an unreasonable or disproportionately large load on the Web Site's infrastructure. 6. If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose. 7. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site other than the search engine and search agents available from the Company on the Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). 8. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. 9. Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from the Web Site. 10. Framing of or linking to any of the Web Site Content or information available from the Web Site. 11. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters, or any other form of solicitation or any non-biographical information such as opinions or notices, commercial, or otherwise. YOU MAY NOT SPAM OUR MEMBER COMPANIES WHOSE INFORMATION APPEAR ON THE WEB SITE. USE OF SECURE AREA / REGISTRATION AND PASSWORD Use of any password-protected area of the web site is restricted to the registered user who has been given permission and a password to enter such area. This password cannot be distributed to others, and the registered user is responsible for any and all damages to Americanjewelryexchange.com resulting from the distribution of such password. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password. USER INFORMATION When you register for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your Information. CONSIGNMENT AGREEMENT As the owner and Consignor of certain property more particularly described hereinafter and in exchange for good and sufficient consideration and the mutual promises and undertakings set forth in this Consignment Agreement ("Agreement") you do agree to the following: Ownership. Consignor warrants, covenants and agrees that the property, being sold is owned by Consignor and that there are no liens, judgments or other encumbrances against the ownership, including all rights of sale or transfer, of the consigned property. The parties agree that title to the consignment shall remain in Consignor until such consignment is sold in severable parts or in whole by Consignee. Description of Consigned Property. Consignor agrees to deliver, and Consignee agrees to accept for the purpose of sale on the terms and conditions hereinafter recited in this Agreement, the property is generally consistent with Jewelry and related products. Consignor states and agrees that the description(s) of the consigned property is true and correct to the best of Consignor's knowledge and belief and further, that no undisclosed defects in such consignment are known to Consignor. Non-Exclusivity or Exclusivity of Agreement. Consignee shall have the exclusive right to market and sell the property described hereinabove. Consignor shall likewise have the right to sell the property described hereinabove for his own account. If Consignor does sell the consignment listed in this Agreement, Consignee shall not nonetheless be entitled to payment for the sale of such consignment on the terms and conditions of this Agreement accept any expenses agreed incurred and agreed upon in advance. Price. The minimum value is to be determined by Consignor. Consignee agrees to inform Consignor of bona fide offers to purchase the consigned property for prices less than the asking price set by Consignor. Consignor (reserves the exclusive right/grants the right to Consignee) to accept a price less than the offering price. Time of Payment(s) to Consignor. Consignor agrees that Consignee shall require and receive full payment on the sale of the consigned property prior to any obligation of Consignee to remit payment to Consignor for the same. Upon receiving full payment for such sale, Consignee shall remit, in United States currency or a check drawn on a United States bank, the amount due to Consignor under this Agreement for each item sold, no later than 15 days following the date of full payment for each item.  It is agreed that "full payment," as used above, shall be construed to mean and include the day of the clearing of any monetary instrument by Consignee's bank. Amount(s) of Payment(s) to Consignor. Consignor and Consignee agree that an amount determined prior to sell shall be due and payable to Consignor upon the sale of the property subject to this Agreement.  Termination of this Consignment Agreement. Consignee may terminate this Agreement at any time and for any reason by returning to Consignor all of the unsold property which is the subject of this Agreement. Consignor may terminate this Agreement at any time and for any reason, but such termination will not affect the agreement regarding items of property already sold. The expense of delivery to the Consignor of any unsold property shall be paid by the Consignor. 15 day prior notice of termination shall be required of a terminating party. Operation of Consignee's Business. Consignee shall have the exclusive right to determine the business operation and management of its premises. Consignor shall have no liability or responsibility for the operation and management of Consignee's business, employees or agents and any torts or other causes of action resulting therefrom, and Consignee agrees to defend, indemnify and hold harmless Consignor for same. Liability for Loss, Etc., of Consigned Property. In the event that consigned property is lost, stolen, destroyed, damaged, or unaccounted for due to any cause, known or unknown (hereinafter these terms referred to collectively as "lost"), while consigned to the Consignee: The property, or each item, so lost shall be considered as having been sold, and Consignee shall pay unto Consignor the amount agreed herein as if the lost property, or each item lost, had been sold. Such amount shall be due 30 days following the loss of the property. Advertising. Consignee may not use Consignor's name or other identifying information in the advertising, promotion and sale of the consigned property. If neither box is checked, Consignee may use Consignor's name and/or other identifying information as described. Assignment. This Agreement is not assignable and may not be modified other than by a written modification agreed to and signed by both parties. Construction. This Agreement shall be construed and governed according to the laws of the State of Texas and County of Tarrant. Waiver. The parties agree that instances or patterns of waiver, forbearance, course of dealing or trade usage shall not affect the right of a party to demand performance of any term or condition of this Agreement. We appreciate hearing from our customers and welcome your comments regarding our services and the Web Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission. THE COMPANY'S LIABILITY THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR- FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. DISCLAIMER OF CONSEQUENTIAL DAMAGES IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LINKS TO OTHER SITES The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk. NO RESALE OR UNAUTHORIZED COMMERCIAL USE You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Web Site. LIMITATION OF LIABILITY The aggregate liability for the Company to you for all claims arising from the use of the Web Site, Web Site Content or Materials, or products or services received through the Web Site is limited to US $100.00. TERMINATION The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or ability to access this Web Site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions, for cause in their sole discretion, or if the Company is unable to verify or authenticate any information you submit to the Web Site. INDEMNITY You agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Company, its officers, directors, employees, agents and servants for any and all claims, losses, liability, actions, demands, damages, costs, attorneys' fees, accounting fees, and expenses of any type alleging or resulting from your use of the Web Site, any Web Site Content or Material, any products purchased through the Web Site, any biographical information, any services or products, or your breach of the terms of these Terms and Conditions, specifically including but not limited to NEGLIGENCE, GROSS NEGLIGENCE, invasion of privacy, defamation, property damage, injury, or death, regardless of whether the liability, expense, cost, attorneys' fees, damages or property loss were caused by the sole or comparative negligence or other fault of you, the Company, or any other person or entity. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. GENERAL The Company makes no claims that the Materials may be lawfully viewed or accessed outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Tarrant County, Texas. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page. ADDITIONAL TERMS OF USE Certain areas of this Web Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.