IMPORTANT LIMITATIONS REGARDING RARE CONCEPT REPORTS

ANY PERSON PURPORTING TO RELY ON AN RARE CONCEPT REPORT IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS.

AN APPRAISAL REPORT IS NOT A WARRANTY NOR A GUARANTY OF THE VALUE, GRADE, COLOR AND/OR OTHER CHARACTERISTICS INCLUDED IN THE REPORT. A REPORT ENTAILS ONLY AN OPINION BY RARE CONCEPT ON AN ARTICLE, FOLLOWING THE RESULTS OF CONTRACTED SERVICES PERFORMED BY RARE CONCEPT ON THE ARTICLE, USING EQUIPMENT POSSESSED BY RARE CONCEPT AND TECHNIQUES KNOWN TO RARE CONCEPT AT THE TIME OF EXAMINATION OF THE ARTICLE BY RARE CONCEPT. OPINIONS MAY VARY AS TO THE CHARACTERISTICS COVERED IN THE REPORT DEPENDING ON WHEN, HOW AND BY WHOM (INCLUDING THE GEMOLOGIST PREPARING THE REPORT) THE ARTICLE IS EXAMINED AND THE TECHNIQUES AND EQUIPMENT THAT HAVE BEEN USED BY DIFFERENT LABORATORIES (TECHNOLOGIES AND EQUIPMENT EMPLOYED IN TREATMENTS, PROCESSING AND SYNTHESIS ARE CONTINUOUSLY EVOLVING AND MAY VARY).

NEITHER RARE CONCEPT NOR ITS EMPLOYEES SHALL, AT ANY TIME, BE HELD RESPONSIBLE FOR ANY DIFFERENCE OF OPINION OR DISCREPANCY WHICH MAY RESULT FROM THE APPLICATION OF OTHER GRADING, ASSESSMENT AND/OR IDENTIFICATION METHODS, TOOLS OR TECHNIQUES. THE RESULTS OF ANOTHER EXAMINATION OF THE ARTICLE MAY VARY FROM THE REPORT BASED ON A VARIETY OF FACTORS.

RARE CONCEPT DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY POSSIBLE IMPLIED WARRANTIES FOR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND/OR NON-INFRINGEMENT.

(1) NEITHER RARE CONCEPT NOR ANY OF ITS EMPLOYEES OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY LOSS, DAMAGE, COST OR EXPENSE RESULTING FROM OR CAUSED BY ANY ERROR IN OR OMISSION FROM THE REPORT, EVEN IF THE LOSS, DAMAGE, COST OR EXPENSE WAS CAUSED BY RARE CONCEPT OR ANY OF ITS EMPLOYEES OR AGENTS; AND (2) IN ANY EVENT, RARE CONCEPT AND ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL, STATUTORY AND/OR ANY OTHER DAMAGES, RESULTING FROM OR CAUSED BY ANY ERROR IN OR OMISSION FROM, OR FOR THE ISSUANCE OF OR USE OF, THE REPORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ADDITIONAL LIMITATIONS RELATING TO THIS WEBSITE

RARE CONCEPT MAKES NO REPRESENTATION THAT MATERIALS ON THIS WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN YOUR JURISDICTION. IF YOU CHOOSE TO ACCESS THIS WEBSITE, YOU DO SO AT YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.

UNLESS PROHIBITED BY LAW, NEITHER RARE CONCEPT (INCLUDING ITS OWNERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, LOSS OF REVENUE, REPUTATIONAL DAMAGES, LOSS OF ANTICIPATED SAVINGS AND LOSS OF OPPORTUNITY) THAT RESULT FROM USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE, EXCEPT IN CASE OF FRAUD OR WILLFUL INTENT. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION APPLIES TO YOU TO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW

TO THE FULLEST EXTENT PERMITTED BY LAW, RARE CONCEPT MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY, EXCEPT IN CASE OF FRAUD OR WILLFUL INTENT FOR (I) ANY MISTAKES, OR INACCURACIES OF CONTENT OTHER THAN THE INFORMATION THAT RARE CONCEPT IS LEGALLY OBLIGED TO PROVIDE AND TO GUARANTEE THE ACCURACY OF, (II) ANY (PERSONAL) INJURY OR (PROPERTY) DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE OR ANY SITE LINKED TO THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF RARE CONCEPTS SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON TO THE EXTENT THAT RARE CONCEPT IS NOT RESPONSIBLE FOR THE EVENT GIVING RISE TO THE DAMAGE, (IV) ANY INTERRUPTION OF OR CESSATION OF THE PROPER FUNCTIONING OR AVAILABILITY OF THIS WEBSITE OR ANY SITE LINKED TO THIS WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THIS WEBSITE BY ANY THIRD PARTY FOR WHICH RARE CONCEPT CANNOT BE HELD RESPONSIBLE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OTHER THAN THE INFORMATION THAT RARE CONCEPT IS LEGALLY OBLIGED TO PROVIDE AND TO GUARANTEE THE ACCURACY OF OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THIS WEBSITE FOR WHICH RARE CONCEPT CANNOT BE HELD RESPONSIBLE.

DISPUTES AND GOVERNING LAW

USE OF THIS WEBSITE AND THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF THE COUNTRY WHERE THE RARE CONCEPT REPORT WAS ISSUED BY RARE CONCEPT WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. IN THE EVENT THAT ANY PORTION OF THESE TERMS AND CONDITIONS ARE DEEMED UNENFORCEABLE, UNLAWFUL OR VOID BY A TRIBUNAL OF COMPETENT JURISDICTION, IN ANY JURISDICTION FOR ANY REASON, UNLESS NARROWED BY CONSTRUCTION, SUCH PORTION OF THESE TERMS AND CONDITIONS SHALL, FOR PURPOSES OF SUCH JURISDICTION ONLY, BE CONSTRUED AS IF SUCH INVALID, PROHIBITED OR UNENFORCEABLE PORTION HAD BEEN MORE NARROWLY CONSTRUCTED SO AS NOT TO BE INVALID, PROHIBITED OR UNENFORCEABLE (OR, IF SUCH PROVISION CANNOT BE DRAWN NARROWLY ENOUGH, THE TRIBUNAL MAKING ANY SUCH DETERMINATION SHALL HAVE THE POWER TO MODIFY SUCH PORTION OF THESE TERMS AND CONDITIONS TO THE EXTENT NECESSARY TO MAKE SUCH PORTION OF THESE TERMS AND CONDITIONS ENFORCEABLE IN SUCH JURISDICTION, AND SUCH PORTION SHALL THEN BE APPLICABLE IN SUCH MODIFIED FORM IN SUCH JURISDICTION). IF, NOTWITHSTANDING THE FOREGOING, ANY SUCH PORTION OF THESE TERMS AND CONDITIONS WOULD BE HELD TO BE INVALID, PROHIBITED OR UNENFORCEABLE IN ANY JURISDICTION FOR ANY REASON, SUCH PORTION, AS TO SUCH JURISDICTION ONLY, SHALL BE INEFFECTIVE TO THE EXTENT OF SUCH INVALIDITY, PROHIBITION OR UNENFORCEABILITY, WITHOUT INVALIDATING THE REMAINING PROVISIONS SET FORTH IN THESE TERMS AND CONDITIONS. NO NARROWED CONSTRUCTION, MODIFICATION, OR INVALIDATION OF ANY PORTION OF THE TERMS AND CONDITIONS SHALL AFFECT THE CONSTRUCTION, VALIDITY OR ENFORCEABILITY OF SUCH PORTION IN ANY OTHER JURISDICTION. NO WAIVER BY RARE CONCEPT OF ANY TERM OR CONDITION OF THESE TERMS AND CONDITIONS SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH TERM OR CONDITION OR OF ANY OTHER TERM OR CONDITION, AND RARE CONCEPTS FAILURE TO ASSERT ANY RIGHT OR DEMAND COMPLIANCE WITH ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL NOT BE DEEMED TO CONSTITUTE A WAIVER OF ANY SUCH RIGHT OR PROVISION.

EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF YOU ACCESSING AND/OR USING THIS WEBSITE AND/OR CLICKING ACCEPTANCE OF THESE TERMS AND CONDITIONS, YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS WEBSITE SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN THE TOWN OR CITY WHERE THE REGISTERED OFFICE OF THE COMPANY OF RARE CONCEPT, LLC WHICH HAS ISSUED THE REPORT IS LOCATED WITHIN ONE YEAR FROM THE DATE THAT THE CAUSE OF ACTION AROSE (OR, IF MULTIPLE CAUSE OF ACTIONS ARE INVOLVED, FROM THE DATE THAT THE FIRST CAUSE OF ACTION AROSE), WITH SUCH ARBITRATION CONDUCTED PURSUANT TO THE THEN PREVAILING RULES OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE BY THREE ARBITRATORS APPOINTED IN ACCORDANCE WITH THOSE RULES OF ARBITRATION, WHEREBY THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE ; AND (2) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, NO ARBITRATION BROUGHT PURSUANT HERETO SHALL BE JOINED TO ANY OTHER ACTION OR ARBITRATION.

THE RULES GOVERNING ARBITRATION ARE DIFFERENT THAN THOSE IN COURT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME MONETARY DAMAGES AS A COURT. YOU UNDERSTAND THAT BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL IN COURT, EITHER WITH OR WITHOUT A JURY.

TO THE FULLEST EXTENT PERMITTED AT LAW, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AN AWARD FOR, AND BY ACCESSING AND/OR USING THIS WEBSITE YOU WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES (INCLUDING MULTIPLIED AND/OR INCREASED DAMAGES AND/OR ATTORNEYS' FEES AND COURT COSTS) FOR, ANY DISPUTE OR CAUSE OF ACTION THAT YOU MAY HAVE THAT RELATES IN WHOLE OR PART TO THIS WEBSITE AND/OR THE MATERIALS HEREON. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS AND CONDITIONS OR OTHERWISE, YOUR RECOVERY WITH RESPECT TO ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS FOR WHICH YOU ARE ENTITLED SHALL, TO THE FULLEST EXTENT PERMITTED AT LAW, BE LIMITED TO YOUR ACTUAL OUT-OF-POCKET COSTS INCURRED, EXCLUDING ATTORNEYS’ FEES AND COURT COSTS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS AND CONDITIONS, RARE CONCEPT MAY AT ANY TIME SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF AGAINST YOU AND/OR AGAINST OTHERS, IN ANY COURT CHOSEN BY RARE CONCEPT IN THE EVENT THAT RARE CONCEPT BELIEVES THAT THERE IS A VIOLATION, OR A THREATENED VIOLATION, OF ANY OF RARE CONCEPTS INTELLECTUAL PROPERTY RIGHTS AND, IN SUCH CASE, YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURT.