Terms of Use

Thank you for visiting the Point Gems website. Please read these Terms of Use before using this Website. By accessing this Website in any manner, you agree to be bound by these Terms of Use, our Privacy Policy and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of this Website. You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract. If you do not agree to these Terms of Use, you may not use this Website.

Rules of Conduct

There are a few rules of conduct that you are required to follow when you use this Website:

Do not “collect” information from the Website using an automated software tool or manually on a mass basis. This includes information about the offerings, information about other users of the Website and products, and services available on the Website.

Do not obtain, or attempt to obtain, access to areas of the Website or our systems that are not intended for access by you.

Do not disrupt or harm the Website or its systems.

Ownership of Website Content and Submissions

We own the intellectual property rights in the content and materials displayed on this Website, including but not limited to all copyrights, trademarks rights and design rights. You may use this Website (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this Website unless explicitly authorized in these Terms of Use or by the owner of the materials.

Website Registration

You may have the ability to create an account or to otherwise submit and register your personal data on the Website. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form. The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, the Website, or to any features or portions of the Website, at any time and for any reason, including for any violation by you of these Terms of Use. In addition, we have a policy of terminating the Website usage privileges of users who are repeat infringers of intellectual property rights.

Jurisdictional Issues

We control and operate this Website from our facilities in the United States of America. If you choose to access this Website from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Applicable Law; No Waiver; Severability

These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavour to give effect to intentions as reflected in the provision and the other provisions of these terms and conditions will remain in full force and effect.

Governing Jurisdiction

Any dispute between you and us will be litigated by either party in a court of competent jurisdiction only in the United States district court for the district of New York.

Disclaimer of Warranties

We provide this website on an “As Is” and “As Available” basis without warranty of any kind, whether express or implied (including warranties of merchantability, fitness for any particular purpose and non-infringement). This means that we make no promises that:

The website will be available at any particular time

The website will meet any particular requirements or provide any particular results

The information on the website will be accurate or up-to-date

The website or the information transmitted to or from it or stored on it will be secure from unauthorized access or the website will be uninterrupted or error-free or free of viruses or other harmful components, or that defects will be corrected

We likewise make no warranties or representations regarding any products or services ordered or provided via this website.

Any products and services ordered via this website are provided “AS IS” except to the extent, if at all, otherwise set forth in a separate agreement entered into between you and us.

You agree that use of this website is at your own risk.

Although we try to ensure that the information posted on this website is accurate and up-to-date, we reserve the right to change or make corrections to any of the information (including pricing) at any time. We cannot and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available on this website, no will we be liable for any inaccuracy or omission concerning any of the information provided on this website. No advice, results or information, whether oral or written, obtained by you from us or through the website shall create any warranty not expressly made herein. We hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents, support documentation, by our customer service and support agents, and otherwise on the website or in correspondence with us or our agents. We are not responsible for any content or materials posted to our website by users, nor for disputes between users, or between users and third parties. These disclaimers apply to us and our affiliated and related companies as well as third parties that are involved in the creation, production or distribution of the website, and any of their employees and agents.