By purchasing, viewing, accessing or otherwise using a printed or online Sarine Light report (a “Report”), whether as a direct purchaser of a Report, a transferee, holder, or in any other context or role, you agree to be bound by the following terms and conditions:
Limited Scope of Report
Reports are produced through the use of Sarine Light devices (“Devices”). Devices are intended only to measure light performance of scanned objects per the unique parameters defined by Sarine (as manufacturer of the Devices) to indicate ‘brilliance’, ‘sparkle’, ‘fire’ and ‘symmetry’ qualities. Sarine reserves the right to update and/or improve the grading standards and the manner of presentation of grading results as it deems necessary from time to time, which may result in different light performance grades being given to the same object. No guarantee or representation is made to the effect that light performance grades appearing in the Report conform with or resemble in any way light performance grading or standards utilized by any third party. While the Device is intended specifically to grade the light performance of diamonds, it does not possess the technological capacity, and is not intended, to verify the authenticity, provenance, origin of diamonds, gems or other scanned objects, nor to distinguish between diamonds and other natural or artificial objects, nor to distinguish between natural, synthetic, lab-grown, treated, untreated, or other types of diamonds. Only a qualified laboratory may render an opinion on the authenticity, provenance, origin of diamonds, gems or other scanned objects, the identification of an object as a natural, synthetic, lab-grown, treated, untreated, or other type of diamond or other object. Accordingly, Reports do not constitute, offer or include any guarantee, valuation or appraisal with respect to the object examined using the device, nor a confirmation that the object is a diamond or any kind or another material. In the event that a diamond or other scanned object has been enhanced prior to scanning by the use of any artificial means or process, light performance scanning results may be affected or rendered inaccurate, and Sarine shall bear no liability in such regard. You agree not to rely on any assumption, nor to make any representation to a third party, whereby a Report provides or is able to provide any indication, confirmation or verification other than the light performance of the object scanned by a Device in accordance with the parameters determined by Sarine from time to time. No guarantee or representation is made within a Report with respect to the date on which the object was scanned using a Device.
Third Party Operation
Devices are commonly operated by third parties who are not affiliated with Sarine, at their own premises, and in such cases Sarine assumes no responsibility for, and does not guarantee, the proper use of the Device by the operator, nor the accuracy of the light performance data produced by such operation of the Device. While the Devices contain certain safeguards to prevent tampering and manipulation by the operator, these safeguards are not guaranteed to be infallible and Sarine assumes no responsibility for inaccuracies in Reports produced by a third party operator in the event the Device, scanned object or other component or function relating to the Device or the Report has been tampered with or manipulated in any way by any party. Reports are produced with respect to specific objects scanned using the Device. However, Reports do not list any unique identifying characteristics of the scanned object, and such an association may not be technologically feasible. Accordingly, Sarine cannot, and assumes no responsibility to, ensure that a Report associated by any third party with a diamond or other object was in fact produced on the basis of the operation of a Device with respect to such object rather than a different object which may be comprised of different material and characteristics. It is your responsibility to verify any purported attribution of a Report to a specific diamond or other object. Information appearing in a Report other than brilliance, sparkle, fire and symmetry light performance grading is not produced using the Device and instead is provided by the third-party operator of the Device. Such information may include color grade, clarity grade, carat weight, cut grade, and dimensions or measurements. Sarine cannot verify that this information is accurate in any way, and assumes no responsibility for its accuracy or completeness. You are encouraged to obtain a professional assessment by a qualified laboratory or jeweler in order to verify such aspects of your object. Sarine reserves the right (but assumes no obligation whatsoever) to withdraw or repudiate a Report and/or delete or block access to an online Report in the event that, at Sarine’s sole discretion, any grounds or suspicion exist indicating that the Report may be inaccurate or misleading, the Report or Device may have been or are misused in any way, the Report was produced through misuse of the Device including operation not strictly in accordance with the user manual and other applicable conditions, and/or the Report was not fully paid for in a timely fashion.
No Warranty, Limitation of Liability
REPORTS ARE PROVIDED ‘AS IS’ AND WITHOUT A WARRANTY OF ANY KIND. SARINE DISCLAIMS ALL WARRANTIES, WHETHER VERBAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SARINE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, RESELLERS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE RESULTING FROM ANY ERROR IN OR OMISSION FROM A REPORT OR FROM THE ISSUANCE OF OR USE OF, OR RELIANCE UPON, A REPORT, AND IN ANY EVENT, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY, OR CONSEQUENTIAL DAMAGES, OR ANY LOST REVENUE, LOST PROFITS, LOST OPPORTUNITY, OR LOSS OF GOOD WILL, UNDER ANY THEORY OF RECOVERY, RESULTING FROM ANY ERROR IN OR OMISSION FROM, OR FOR THE ISSUANCE OF OR USE OF, A REPORT, OR FOR ANY ERROR IN OR OMISSION FROM A REPORT CAUSED BY THE ACTS OF OTHERS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE ABOVE, IN NO EVENT SHALL SARINE’S TOTAL, CUMULATIVE LIABILITY IN CONNECTION WITH A REPORT EXCEED THE AMOUNT ACTUALLY PAID BY THE CLAIMANT FOR THE SPECIFIC REPORT GIVING RISE TO SUCH PURPORTED CLAIM.
Sarine shall not be responsible and assumes no liability of any kind with respect to a printed, online or other report, certificate, document or information not produced by proper use of a Device, nor for any representation by a third party purporting to provide any confirmation, guarantee or certification on behalf of Sarine. For purposes of these conditions, “Sarine” includes Sarine Technologies Ltd., its subsidiaries and affiliates. Notwithstanding the foregoing, nothing in these terms shall serve to indicate that a Report was purchased or obtained from any specific Sarine entity. Access, viewing and use of online Reports is further subject to Sarine’s Digital Products Website Terms and Conditions located at http://www.sarine.com/legal/sarindigitaltnc.pdf.