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Terms of Use

This document describes terms and conditions applicable to your use
of the services made available by Auction Market Resource ("AMR" "we," or "us")
at the website or (the "Site").

Section 1 - General

1.1 Services. This Terms and Conditions of Use Agreement (hereafter this "Agreement") sets forth the general terms and conditions that apply to the use by you of the Site, including the features and services offered by us from time to time at or through the Site (collectively with the Site, the "Services"). BY USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN. This Agreement is a legally binding instrument between you and Auction Market Resource, and describes your responsibilities in connection with your use of the Services and, among other things, limits the liability of Auction Market Resource. Before using any of the Services, please read all of this Agreement carefully. By accessing or using any Services, you affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that you agree to be legally bound and to abide by this Agreement. IF YOU ARE UNDER 18 YEARS OF AGE, OR ARE OTHERWISE INCAPABLE OF FORMING LEGALLY BINDING CONTRACTS, OR DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SERVICES.

1.2 Amendments. We reserve the right, exercisable in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Such changes, modifications, or other amendments shall be effective upon notice to you thereof, which may be given by means including, but not limited to, posting on the Site, by electronic or conventional mail, or by any other means by which you obtain notice thereof. Except as may be otherwise expressly stated in any notice given to you by us, all such amendments of this Agreement shall automatically become effective upon the date such notice is given to you. This Agreement may not otherwise be amended. Continued use of the Services by you constitutes your binding acceptance of this Agreement, including any changes or modifications made by us as permitted above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the Services. The right to access and use the Services is personal to you and is not transferable to any other person or entity.

1.3 Additional Agreements. The Services include, among other things, such services as: searching and accessing databases including information such as auction house sales results dating back to 2001. Additional terms and conditions of use applicable to your use of any other services available at the Site from time to time are or may be posted in relevant areas within the Site or may be agreed upon by you and Auction Market Resource in a separate written agreement (e.g. Subscription Agreement; all such additional terms and conditions, "Additional Agreements"). Together with this Agreement, such Additional Agreements will govern your use of all services made available by us to you. We reserve the right, exercisable at our discretion, to change or discontinue without prior notice some or all of the Services we provide from time to time at the Site, or change the applicable terms and conditions for your use of such Services as set forth in the Additional Agreements.

1.4 Your Account. Your Account is identified by your chosen user ID (your "User Name") and you are the only party authorized to use your User Name. You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen or we may issue to you in connection with your access and use of the Services. No more than one person at any one time may access the Site or use the Services under a single User Name; multiple concurrent users are not permitted. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at contact us at

1.5 Fees. The monthly fee schedule for Auction Market Resource is as follows: $/mo. for web access only and $/mo. for wireless access plus web access. These fees will be automatically charged to your credit card each month until such time as you cancel your account. Subscribers may also sign up for an annual account at a reduced cost. The annual fee schedule is $/yr. for web access and $/yr. for wireless access plus web access. Subscribers who sign up for annual memberships will be notified by email when it is time to renew their membership. If you wish to cancel your account, you must do so from within your account area on To access this area, do the following: a. Go to and enter your login information b. Once in your account, click “Payment Information” c. In the Payment Information area, click “Cancel Account”. d. You must then click “Continue” on the following page to verify your account cancellation. You must cancel your account BEFORE the next billing date. This date is displayed on the “Payment Information” page as “Next Billing Date”.

1.6 Equipment. You shall be solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the Services and all charges of any description arising from or relating thereto.

1.7 Auction Market Resource Not Involved in Auctions. We are not involved in actual transactions between users of the Site (whether such users are collectors, antiques dealers, trade members, auction houses, curators, educators or other third parties). Nor are we involved in the auction transactions. We do not buy or sell via auctions. Auction Market Resource ONLY reports on personally examined by experienced gemologist appraisers.

Section 2 - Information You Provide to Us

2.1 Your Information. The term "Your Information" means collectively the following: (i) any information or materials you provide to us in connection with our registration process, your use of any Services, or in email correspondence with us, (ii) any search terms or other instructions that you transmit to our servers through a web browser. Except as may be otherwise expressly provided to the contrary in this Agreement or the Additional Agreements, you are solely responsible for Your Information, and we act at all times as a passive conduit for your online distribution, communication, and/or publication of Your Information.

2.2 Covenant Regarding Your Information. You agree that Your Information: (i) will not be false, inaccurate, frivolous, or misleading, (ii) will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, (iii) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), (iv) will not be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or obscene, (v) will not contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the Services, (vi) will not create any liability for Auction Market Resource or cause Auction Market Resource to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates, (vii) will not contain any links to or from other information or websites for which you do not have the right to make or reproduce such links, and (vii) will not solicit or involve the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction or other form of criminal activity.

2.3 Updated Information. If you are a registered user of the Site, you agree to promptly update your account registration information in order to keep it current, complete, and accurate.

2.4 Privacy Policy. We will only use your information in accordance with our Privacy Policy, available at By agreeing to the terms and conditions of this Agreement, you also give your consent to the way we may use your Information pursuant to the Privacy Policy. If you have any questions not addressed in our Privacy Policy Document, you should address them to

Section 3 - Use of Content

3.1 Copyright. You acknowledge that the Services may contain information, text, software, photographs, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Auction Market Resource or third parties. All Content used or made available through the Services is copyrighted as a collective work and/or compilation of Auction Market Resource pursuant to applicable copyright law. Auction Market Resource owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to Auction Market Resource. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. Auction Market Resource does not grant permission to users of its Services to reproduce images of original works of art.

3.2 Limited License. Subject to your compliance with the terms and conditions of this Agreement (including without limitation the restrictive terms and conditions set forth in this Section 3), and except to the extent otherwise expressly provided in an Additional Agreement between you and Auction Market Resource, you are granted a limited non-exclusive, non-transferable, non-sub-licensable, and revocable license to access the Services and/or Content only for your own personal or business use but not for re-distribution or publication in any form.

You acknowledge that all text, and software code included with this product are provided for your personal use. In no case shall you re-publish the listings in any form (including by display on another Web site) without express written permission of Auction Market Resource and the owner of any database included in the services. You acknowledge that no more than 2,000 results will be displayed for any search, regardless of the number of matching results contained within the content. Your right to use this product is limited to a single user unless an additional agreement for network access has been signed by both parties. You acknowledge that you are not permitted to sell or otherwise dispose the software and that no rights granted hereunder may be assigned or sublicensed by Licensee, any assignment or sublicense being void.

You may not modify, publish, transmit, transfer or sell, resell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit or commercially use any of the Services and/or Content, in whole or in part, except as expressly permitted in this Agreement or in an Additional Agreement between you and Auction Market Resource. You acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted materials. You shall not store electronically any portion of any Services and/or Content. You may not collect and use e-mail addresses of other users of the Site or other user account information, listings, or perform any form of data extraction or data-mining whatsoever. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any of the Services and/or Content is permitted without the express permission of Auction Market Resource or the owners of such Services and/or Content or their authorized persons, if other than Auction Market Resource. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any such downloaded Content. Auction Market Resource reserves all rights in the Content and Services not expressly granted hereunder.

3.3 Trademarks. are trademarks and service marks of Auction Market Resource, Inc. ALL RIGHTS RESERVED. All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication without the prior written permission of the owner of same, is strictly prohibited.

3.4 Beneficiaries. The foregoing provisions of this Section 3 are for the benefit of Auction Market Resource, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Section 4 - Site Access; Interference with Services; Monitoring; Compliance with Laws

4.1 Site Access. We do not guarantee continuous, uninterrupted, or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of our control.

4.2 No Interference. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or the Services, or any transaction being conducted on or through the Site or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the server infrastructure of the Site.

4.3 Fraudulent Activity. You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services. You may not impersonate any other user of the Services, or make use of another user's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported by us to law enforcement authorities, and we will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law.

4.4 Monitoring. You agree that Auction Market Resource has the right, but not the obligation, to monitor any form of user activity and/or Content linked to or from or otherwise associated with the Services. We may investigate any reported violation of our Agreement, Additional Agreements or Site policies, and any user or other third party complaints relating thereto. We may take any action that we deem appropriate in connection with any such investigation without notice (including without limitation issuing warnings, suspending or terminating Services and/or denying Site access). We may also investigate, in our sole discretion, the use of any credit card by a user in connection with the Services, and take such action as we deem necessary or appropriate, including without limitation contacting the owner or user of such card or canceling purchase orders placed by such owner or user.

4.5 Compliance with Laws. The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and any transactions that may be conducted by means of the Services.

Section 5 - Breach

5.1 Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registered user account and/or refuse to provide the Services to you: (i) if you breach this Agreement or any of the Additional Agreements it incorporates by reference or which you have separately entered into with Auction Market Resource; (ii) if we are unable to verify or authenticate any information you provide to us; or (iii) if we believe that your actions may cause legal liability for you, us, or our other users, or other third party business affiliates.

Section 6 - Indemnity

6.1 You agree to indemnify, defend, and hold Auction Market Resource and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the "Company Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys' fees) incurred by any Company Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. Auction Market Resource reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Auction Market Resource's defense of such claim.

Section 7 - Termination of or Change in the Services

7.1 Auction Market Resource shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services. Auction Market Resource reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Services at any time for any reason without prior notice or liability. Auction Market Resource may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content without prior notice or liability.


8.1 Neither Auction Market Resource nor any provider of third party content or their respective agents warrants that the site or service will meet your requirements or be uninterrupted, timely, secure or error free; nor does auction market resource, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the site, services or the content. The services and the content are distributed on an "as is, as available" basis. None of Auction Market Resource, third-party content providers, and their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, fitness for a particular purpose or non-infringement, with respect to the site, services, or any content. Neither auction market resource nor any third party content provider warrants that any files available for downloading through the site or services will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the services and the accuracy or completeness of the content is assumed solely by you. Without limiting any provision herein, auction market resource makes no warranty that any particular computer system configuration will be compatible with the site. It is your sole responsibility to ensure that your computer system has the appropriate hardware, operating software, and internet browser software versions to achieve the site’s full functionality and capabilities. Some states do not allow the disclaimer of implied warranties or limitation on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to you. You may have other rights, which vary from state to state.

8.2 The Site includes an extensive collection of auction records that might be used as tools in the process of estimating values. Auction Market Resource content is only one of several elements that you should consider in estimating value of an gems and jewelry and depends upon the accuracy and timing of information which Auction Market Resource itself receives. Auction Market Resource strongly recommends that its content only be used in conjunction with other specialists such as Auction Houses, Personal Property Appraisers, Museums, and Dealers.


9.1 The limitation of liability contained in this section 9 apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that auction market resource is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

9.2 Under no circumstances will Auction Market Resource or its affiliates, or any of its shareholders, officers, directors, employees or agents be liable for any loss or damage caused by your reliance on information obtained through either the content or the services, or any loss or damage caused by you being exposed to information contained on the site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including opinions or advice regarding the identification, valuation or care of antiques.

9.3 Neither auction market resource, any third-party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to access or use the site or services, even if such party has been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Auction Market Resource, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.

Section 10 - Miscellaneous

10.1 Governing Law. All disputes, claims or controversies arising out of this agreement, or the negotiation, validity or performance of this agreement, or the transactions contemplated hereby shall be governed by and construed in accordance with the laws of the state of New York without regard to its rules of conflict of laws. Each of the parties hereto hereby irrevocably and unconditionally consents to submit to the sole and exclusive jurisdiction of the courts of the State of New York and of the United States of America located in Queens County, New York (the "New York Courts") for any litigation among the parties hereto arising out of or relating to this Agreement, or the negotiation, validity or performance of this Agreement, waives any objection to the laying of venue of any such litigation in the New York Courts and agrees not to plead or claim in any New York Court that such litigation brought therein has been brought in any inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the New York Courts.

10.2 Headings. Section headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

10.3 Severability; Construction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions of Additional Agreements (whether such Additional Agreements are posted in electronic format on the Site or are separate written agreements entered into between you and Auction Market Resource) such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions of the Additional Agreements shall control.

10.4 Waiver. Auction Market Resource's failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Auction Market Resource's right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Auction Market Resource must be made in writing and signed by an authorized representative of Auction Market Resource specifically referencing this Agreement and the provision to be waived.

10.5 Assignment; Third-Party Beneficiaries. This Agreement will inure to the benefit of Auction Market Resource's successors and assigns. Except as set forth in this Agreement, this Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the parties hereto.

10.6 Notices. Except as otherwise provided herein, any notices to be given pursuant to this Agreement may be given by postal mail to Auction Market Resource, Inc., P. O. Box 18, Rego Park, NY 11374 (in the case of us) or to the email address you provide to Auction Market Resource during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Auction Market Resource during the registration process in the event that an address was supplied. In such case, notice shall be deemed given 3 days after the date of mailing.

10.7 Survival. Subsections 3.1, 3.3, 3.4, 4.3, 4.4 and Section 6,7, 8 and 9 shall survive any termination of this Agreement as well as any other provisions which by their terms or sense are intended to survive.

10.8 Integration. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and except for any Additional Agreements that you may have entered into with Auction Market Resource, supersedes all previous written or oral agreements between the parties with respect to such subject matter hereof.

This Terms of Use Agreement was last revised and posted on the Site April 11, 2008 to have effect from and after April 11, 2008.

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