Terms of Use

Preface

Welcome to the Amipi inc. website and/or mobile app. Both are operated by Amipi inc., a wholesaler of natural and lab grown diamonds and jewelry. The AMIPI Website (the “Website”), Mobile Diamond Search App (the “App”) and services offered by AMIPI in connection with the Website and App (the “Services”) are operated by AMIPI, Inc., Uncle Sam’s Diamonds LLC, and No Bull Diamonds BTO (“AMIPI” “Amipi” “we” or “us”). The Website and App (together, the “Platform”) provide a means to enable persons or enterprises (“you” or the “Customer”) who wish to view and purchase diamonds, and jewelry through the Platform.

THE FOLLOWING AGREEMENT DESCRIBES THE TERMS OF SERVICE UPON WHICH AMIPI OFFERS YOU ACCESS TO AND USAGE OF THE PLATFORM AND SERVICES.

These terms of service (these “Terms”) constitute a legal agreement between you and AMIPI. In order to use the Platform and Services you must agree to these Terms. By clicking the “I AGREE” button that follows these Terms or by signing a hard copy of these Terms or by accessing or using the Platform or receiving any Services, including downloading and installing the Mobile App, and/or logging into the AMIPI members only Platform and/or purchasing from AMIPI, you hereby expressly acknowledge and agree to be bound by these Terms and any future amendments and additions to these Terms made by us at any time as provided herein. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE OUR PLATFORM OR OUR SERVICES.

Changes to the Terms of Service

We reserve the right to modify the Terms or our policies relating to the Platform or Services at any time, effective upon posting of an updated version of the Terms on the Platform. You are responsible for regularly reviewing the Terms. Continued use of the Platform or any Services after any such changes will constitute your consent to such changes. If you do not agree to the amended terms, you must stop using the site.

Use of Platform

You are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Website materials for your informational, and personal use only. Subject to your compliance with these terms, AMIPI grants you a limited, revocable, non-exclusive, worldwide, and non-transferable license to: a) access and use the Website in connection with your use of the Mobile app; b) download, install, access, and use the Mobile App for your personal use on a mobile device owned or otherwise controlled by you; c) if applicable for Android devices, share the Mobile App directly with family members in a single family group on Google Play.

In agreeing to these Terms and Conditions, you understand and agree that except as expressly permitted by applicable law or these Terms, neither you nor a third party acting on your behalf with: a) decompile, reverse engineer, or disassemble the Mobile App or Website; ii) copy, reproduce, sell, modify, create derivative works for, or otherwise commercially exploit that Platform; iii) use the Platform in any manner to provide service bureau, commercial time-sharing, or other computer or mobile services to third parties; iv) Use components of the Mobil App to run applications not running on the Mobile App; v) remove, delete, alter, or obscure any trademarks or any copyright, trademarks or any copyright, trademark, patent, or other Intellectual Property or proprietary rights notices from the Platform, including any copy of it; (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Mobile App or the Website; or (vii) as to iOS, use the Mobile App in contravention of the Usage rules set forth in the Apple App Store Terms of Service.

You further agree that you will: (i) only use the Website and Mobile App to access and use the Platform and Services; (ii) not authorize any third party to access or use the Platform or Services on your behalf using automated process including, but not limited to, a bot, a “spider” or periodic caching of information stored by the Service on your behalf; (iii) not use any software or hardware that reduces the number of users directly accessing or using the Platform or Services (sometimes called ‘multiplexing’ or ‘pooling’ software or hardware); (4) allow the Mobile App to automatically download and install updates from time to time, which are designed to improve, enhance and further develop the Mobile App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.

It is your responsibility to ensure you download the correct Mobile App for your device. Amipi is not liable if you do not have a compatible device or have downloaded the wrong version of the Mobile App. We reserve the right to terminate your Account should you use the Platform and Services with an unauthorized device.

iOS Devices: In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Mobile App (if any) to you; however, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty will be AMIPI’s responsibility. For clarity, Apple will have no liability with respect to Fees paid other than the purchase price (if any) for the Mobile App.

Android Devices: You may submit an online request at the Google Play Store at any time within 48 hours after your purchase, and Google may refund to you the purchase price (if any) for the Mobile App; however, to the extent permitted by applicable law, Google will have no other warranty obligations whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty will be the AMIPI’s responsibility. For clarity, Google will have no liability with respect to Fees paid other than the purchase price (if any) of for the Mobile App.

Privacy

You acknowledge that when you download, install, or use the PLATFORM, AMIPI may use automated means (including, for example, cookies and web beacons) to collect information about your devices and about your use of the Website and/or Mobile App, in addition to any information AMIPI requires you to provide as a condition to downloading, installing, or using the Website and/or Mobile App. All information we collect through or in connection with this Mobile App or Website is subject to our privacy policy as amended from time to time, available at amipi.com (“Privacy Policy), which is hereby incorporated into these Terms by reference. You should carefully read our full Privacy Policy before using the Platform and Services. You explicitly consent to the collection, hosting, use, processing or handling of information as set forth in our Privacy Policy. You further agree to provide us with whatever proof of identity we may reasonably request.

Term of Registration

The term of your registration will commence as of the date you complete your registration form on the Mobile App or Website or emailing AMIPI your signed forms (“Registration Date”) and, unless earlier terminated in accordance with these Terms, will continue for one year (“Initial Term”). At the expiration of such Initial Term or any Renewal Term, your registration will be automatically renewed for an additional one year term (each, a “Renewal Term”) (with the Initial Term, the “Term”).

Confidentiality and security

If you access or use any AMIPI Platform or Service, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. AMIPI reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.

Termination

AMIPI may terminate or restrict your Account, including your right to access and use the Platform or Services, in whole or in part, as follows:

• For Cause. Immediately, (a) in order to comply with applicable law or instructions from any governmental agency or authority; or, (b) if AMIPI, in its sole discretion, suspects that you are using the Platform or Services in a manner not permitted by these Terms; or (c) upon any breach of these Terms.
• For Convenience. Upon notice by AMIPI to you for any reason.

Intellectual Property

The Services, Website and Mobile App are protected by copyrights, trademarks, trade secrets and other proprietary rights of AMIPI and its licensors, whether registered or unregistered (collectively, the “Intellectual Property”). AMIPI and its licensors own and shall retain all right, title, and interest in and to the Mobile App and Website and all content displayed therein, to the extent such content is developed by AMIPI or its licensors (excluding user-submitted Content), including all Intellectual Property therein, except as expressly granted to you in these Terms.

Content

Any use of any AMIPI inc website, mobile app and/or its content other than for informational purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way the content and other materials of the Amipi Platform and Services. This includes, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, “look and feel”, information, data, sound files, and other files and software that is the proprietary property of Amipi or its affiliates, licensors, or users and is protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Copyright in the documents and material on the Platform is owned by or licensed to Amipi. You are authorized to use this material only for informational purposes related to a purchase or order from Amipi. You may download, electronically copy and print any of the content of an Amipi web site for informational use. This is a revocable license, not a transfer of title, and is subject to the restrictions that you will not (i) use the Platform and Services for unlawful purposes; (ii) use the Services for sending or storing any unlawful material or for fraudulent purposes; (iii) use the Platform and Services to cause nuisance, annoyance or inconvenience; (iv) impair the proper operation of the network; (v) try to harm the Platform or Services in any way whatsoever; (vi) use any trademark or service mark displayed on the Platform without the written permission of Amipi. We will aggressively enforce its intellectual property rights to the fullest extent of the law.

Trademarks

AMIPI, the AMIPI logos, and any other product, service name or slogan contained in our Platform are trademarks of AMIPI and/or its licensors. They may not be copied, imitated or used, in whole or in part, without the prior written permission of AMIPI or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "AMIPI" or any other name, trademark or product or service name of AMIPI without our prior written permission. All other trademarks, registered trademarks, product names and AMIPI names or logos mentioned in our Site are the property of their respective owners.

Repeat infringer policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Amipi has the sole discretion to terminate and bar specific website users or Amipi account holders who under any circumstances are determined to be repeat infringers. Amipi further reserves the right to limit access to the platform and/or terminate the account of any user whom Amipi reasonably suggests to have infringed any intellectual property rights of others, whether or not there is any repeat infringement

Comments and Suggestions

We welcome your comments and suggestions regarding Amipi's Platform and the products offered for sale by Amipi inc., provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties Moreover, they cannot contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.

Amipi shall own exclusive rights to any feedback and submissions, including all intellectual property rights to said feedback and submissions. Amipi shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Amipi the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any right of or cause injury to any person or entity

Product Descriptions

Amipi makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Amipi cannot guarantee that your monitor's display of any product color, texture or detail will be accurate or an actual image of the aforementioned products. Additionally, Amipi does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Amipi makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Amipi reserves the right to refuse sale of that item. If the pricing error is discovered after payment has been finalized, Amipi reserves the right to cancel the sale and refund the transaction in full. If a product offered by James Allen is not as described, your sole remedy is to return it in unused condition.

LIMITATION OF LIABILITY

IN NO EVENT SHALL AMIPI, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE AMIPI PRODUCTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM THE USE OF OUR SITE, THE PRODUCTS, THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE AMIPI SITE, OR THAT RESULTS FROM THE RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM AMIPI, INCLUDING ANY ERROR OR OMISSION REGARDING LISTED DIAMOND ORIGIN, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE AMIPI SITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AMIPI’S PROGRAMS OR SERVICES, EVEN IF AMIPI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF THE LOSS, DAMAGE OR EXPENSE WAS CAUSED BY AMIPI, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS. IN NO EVENT SHALL AMIPI'S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Amipi, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Platform or inability to use the Services, including without limitation any actual or threatened suit, demand or claim made against Amipi and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

ARBITRATION

These Conditions and your use of the Platform shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity or any dispute, claim or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof, (collectively, “Claims”) shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are waiving the right to a trial by jury. This arbitration provision shall survive the termination of these Conditions, as well as any other contractual agreement that you have with the Company.

You acknowledge and agree that, by agreeing to these Conditions, the Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of this provision and that any such arbitration must proceed with the American Arbitration Association (“AAA”) or JAMS before a mutually agreed upon single arbitrator licensed to practice law. It will be conducted in accordance with the then-prevailing Arbitration Rules of the AAA and the arbitrator shall be bound by these Conditions. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties.

QUESTIONS

If you have any questions about the Terms, please do not hesitate to contact us via phone or email. We appreciate your business!