Terms, Conditions and Privacy Policy​

1. Description of DIAMOND JEWELRY APPRAISAL and These Terms of Service

Welcome to DJA! A PROMO LLC Company which will now be referred to as, (“DJA”, “us”, “we”, “our”) provides its products and services subject to these Terms of Service (“Terms”). By using DJA, you agree to the following Terms. These Terms may be updated by us from time to time, and we encourage you to revisit this page often and review the Terms. In addition to these Terms, when using DIAMOND JEWELRY APPRAISAL owned or operated services, you may also be subject to any additional posted guidelines applicable to such services.

  DIAMOND JEWELRY APPRAISAL provides you with access to many valuable resources, including DJA Jewelry Values, Jewelry Pricing and quotes from dealers, research, reviews and ratings, Jewelry advice, classified listings, as well as links to sites where you can obtain Jewelry services such as financing and insurance, and other existing offerings.

2. DIAMOND JEWELRY APPRAISAL Privacy Policy

DIAMOND JEWELRY APPRAISAL Privacy Policy. You understand and agree that when you visit DIAMOND JEWELRY APPRAISAL, you are consenting to the collection and use of information provided by you and about your use of DIAMOND JEWELRY APPRAISAL and the Services, in accordance with the Privacy Policy.

3. Personal Use Only

    You may make personal use of all the information you access on DIAMOND JEWELRY APPRAISAL(“Information”), but you may not take any of the Information and re-format and display it or copy it on your Web site or in any other format, and you may not store or migrate any of the Information or other data from DIAMOND JEWELRY or DJA written permission. By using the Service, you agree not to sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from, or otherwise exploit any of the Information content or data related to any portion of the Service. You may print a copy of Jewelry values and prices and use the Information for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on DIAMOND JEWELRY APPRAISAL. If you want to make commercial use of the DJA Information or Services, you must enter into an agreement with us to do so in advance, and we would love to talk to you about that.

4. Contributions to DJA  

By submitting ratings, reviews, content, ideas, survey responses, suggestions, documents, comments, and/or proposals (“Contributions”) to DIAMOND JEWELRY APPRAISAL through its surveys, “contact us”, or suggestion or feedback Web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) DJA is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) your Contributions automatically become the property of DJA without any obligation of DJA to you and DJA shall be entitled to use, copy, modify, or disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Contributions for any purpose, in any way, in any media worldwide; (d) DJA may have something similar to the Contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from DJA under any circumstances for your Contributions.

You assume total responsibility and risk for your use of any interactive areas of DIAMOND JEWELRY APPRAISAL. You acknowledge that any of the Contributions posted or transmitted through DIAMOND JEWELRY APPRAISAL represent the views of the author, and not of  DJA. You also acknowledge that your use of or reliance on such content is at your own risk.

When publishing anything to DIAMOND JEWELRY APPRAISAL or using any social media tools or interactive features, you agree that you will not post or transmit:

        any copyrighted material unless you own or control the copyright in and to such material;  material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation; material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights; profanity in subject lines, messages, or signatures;  any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component; material that breaches another’s privacy, i.e., containing phone numbers, addresses, or other personal information; spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted; material that contains advertisements or commercial solicitations; or material discussing illegal activities or linking to websites that deal with such activities. You further agree that you will not attempt or do any of the following:        interfere with or disrupt DIAMOND JEWELRY APPRAISAL or our computer systems, servers, or networks; attempt to gain unauthorized access to any part of  DJA  , to accounts that belong to other users, or to computer systems or networks connected to DIAMOND JEWELRY APPRAISAL; engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders or otherwise. collect information about others without their consent; interfere with the use of DIAMOND JEWELRY APPRAISAL by any other individual or party; impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary usernames or other aliases; or share any username and/or password you have on DIAMOND JEWELRY APPRAISAL with any other persons.

    Without limiting any of DJA other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on DIAMOND JEWELRY APPRAISAL or on our affiliated websites and services, and/or a ban from creating new accounts.

    Although DJA cannot monitor all of the listings and content posted to DIAMOND JEWELRY APPRAISAL, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of these Terms. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce these Terms, or to protect the rights, property, or safety of visitors to DJA , our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, DJA takes no responsibility and assumes no liability for any content posted to DIAMOND JEWELRY APPRAISAL by you or by third parties.

5.  DJA® Appraisal Form Program Terms and Conditions

    Program Overview. With the DJA (“Jewelry Appraisal Program”) you can complete a questionnaire online regarding the jewelry items for a specified jewelry item appraisal or at our offices and get a specific quality appraisal that is downloadable and printable after completion. The appraisal is also listed online so that a buyer of the jewelry item and receipt of the appraisal has the ability to go online and validate the appraisal, item and date. This is achieved with the website and a specified access code that ca be given to the buyer.  DJA APPRAISAL Program Terms and Conditions, the DIAMOND JEWELRY appraisal Terms of Service including but not limited to the Arbitration and Class Action Waiver provisions, all of which are incorporated herein by reference, and other terms and conditions provided through the Program.  The program is available to sellers who have paid DJA  a fee to participate in the  DJA Program. (“Participating Sellers”). Your Jewelry must pass a mandatory Jewelry inspection by you the seller or have a receipt or past evaluation of the value and description. Participating Seller If the inspection report differs from your description or online assessment of your Jewelry ’s condition, the Participating Seller may adjust.  DJA, and their affiliates expressly may disclaim any liability resulting from an adjustment of the appraisal as stated.    

Program Requirements. In addition to the other DIAMOND JEWELRY APPRAISAL Terms of Service and other terms to participate in the  DJA Program: (1) your Jewelry  must be located in a comparable market where it is offered; (2) you must be the legal owner of the Jewelry  in question; (3) you must possess a valid interest in the sale and evaluation of the jewelry; (4) you must not be a jewelry appraiser or an employee or agent of an any jewelry appraisal service; (5) the information about your Jewelry  that you provide in response to our online questionnaire must be accurate, complete, and truthful; and (6) The buyer will have the ability to inspect your Jewelry  to confirm its condition and verify the accuracy of the other information about your Jewelry  that you submitted online.

Restrictions.  DJA Program is not available in all areas and not all Jewelry items are eligible for appraisal/s.  DJA Program may not be used to sell or to trade in certain categories of Jewelry at DJA discretion, including, without limitation. Jewelry values that may appear to be non-commensurate with the appraisal value may not be accepted and may require an additional inspection at one of the MVGAA offices.

Some Offers Require Review. Although the majority of Appraisal will be delivered within a reasonable amount of time of submitting a valid request, some requests require manual review. This manual review process usually will be completed within minutes of submitting a request but occasionally may take until the next business day.

    The Information you provide in Connection with Your Appraisal will represent and warrant that the information you provide is accurate and not false or misleading. All images you submit in connection with the Offer and that the images will not violate the intellectual property rights of any third party, including copyright or other intellectual or proprietary rights. You further agree that by submitting any information or images in connection with an are royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such information and images throughout the world in any media, now known or hereafter devised. You acknowledge that if you provide us with any false, incomplete, or inaccurate information, including, without limitation, Jewelry information or personal contact information, your ability to receive our appraisal services may be immediately invalidated. You further acknowledge that if Jewelry images are inconsistent with other information you provide, this may affect the accuracy of your ability to continue with the DJA Program. By participating with DJA, you agree that we are service providers of jewelry appraisals using exclusively the information and images that you supply through our online questionnaire and or form/s. 

Participating Jewelers

Participating Jewelers pay a monthly subscription or per item fee to participate in and receive online appraisals through DJA Program. Appraisals with DJA Offer Program are calculated and generated by a proprietary appraisal tool intended to generate a price reflecting a liquid cash value to be reflective of the current cash value of the piece of jewelry in the market where it is sold at time of appraisal.  The seller and purchaser of the appraisal validates that the Jewelry items will be worth at least the amount of the appraisal.

Verification Inspections

Participating Jewelry sellers will conduct a mandatory self-Jewelry inspection to verify the accuracy of the Jewelry description and condition information that you will provide to us online. This verification inspection may include, for example, gemstone quality, cut, color, weight, and clarity. They also evaluate the metal’s purity, craftsmanship, and any additional features that contribute to the overall value... The Participating DJA Program seller will submit the results of the verification inspection to the online form/questionnaire/tool.

Release.

BY SUBMITTING YOUR INFORMATION TO RECEIVE AN APPRAISAL or A RECIPIENT OF AN APPRAISAL, YOU AGREE NOT TO SUE  DJA OR HOLD LIBEL IN ANY WAY THE INFORMATION IN ANY APPRAISAL, ITS AFFILIATES, ITS SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF ANY JEWELRY  SALE OR TRANSACTION THAT YOU ENTER INTO WITH A JEWELER IN CONNECTION WITH THE  DJA PROGRAM. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF SUCH A TRANSACTION, YOU AGREE TO LOOK SOLELY TO THE SELLER OF THE JEWELRY FOR YOUR REMEDY AND NOT TO THE RELEASED PARTIES.

6. Registration

    To obtain access to certain services from DJA, you may be required to register on DIAMOND JEWELRY APPRAISAL. As part of the registration process. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use that we deem offensive or inappropriate.

    DJA reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Policy.

7. Buying and Selling Jewelry

  DIAMOND JEWELRY APPRAISAL offers a Jewelry appraisal information service that brings together buyers and sellers. DJA is not a party to any transaction between Jewelry buyers and sellers, that originates on or through DIAMOND JEWELRY APPRAISAL or any of ITS AFFILIATES, ITS SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. Information about a particular Jewelry is supplied by the seller and may include data from third parties and/or AI, machine learning. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.

    Though we hope that all who come to DIAMOND JEWELRY APPRAISAL will act honorably and treat each other fairly, we cannot verify the information about Jewelry that sellers supply or guarantee the Jewelry is offered by sellers. Nor can we assure the seller of a Jewelry Item legitimate and any guarantee they may offer applicable to your expectations. When using DIAMOND JEWELRY APPRAISAL to find a buyer for your Jewelry, we urge you to use the same common sense and good judgment you would use in selling a Jewelry through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and your own good judgment. Due Diligence is always a good prudent practice.

    Buying Jewelry

        The prices listed by sellers on DIAMOND JEWELRY APPRAISAL and the corresponding appraisal often exclude sales tax, finance charges if applicable, any documentary fees, or additional testing if requested, and compliance fees, any, or all of which may be added to the listed price to arrive at the final sale price of a particular Jewelry Item. Before purchasing a Jewelry item or any other good or service you have read about on DIAMOND JEWELRY APPRAISAL, you should confirm with the seller any information, including the price that is important to your purchasing decision. DJA is not responsible for, and does not guarantee the performance of, any such Jewelry Items, goods or services listed or researched on DIAMOND JEWELRY APPRAISAL. We may remove all a Jewelry appraisal on DIAMOND JEWELRY APPRAISAL if we determine, in our sole discretion, that the Jewelry Item or price violate the Jewelry Advertisements and Pricing Guidelines for Jewelers.       We may screen some sellers about Jewelry s listed on DJA.

        Our Jewelry appraisals are typically “certified” as meeting certain standards established by manufacturers and/or licensed jewelers in connection with their own programs. The decision to certify any Jewelry is made by the certifying manufacturer or jewelry dealer, and the Jewelry information included in DIAMOND JEWELRY APPRAISAL’ certified Jewelry listing is provided by the listing dealer. Neither DJA nor the manufacturer is responsible for the accuracy of any information contained in a certified Jewelry appraisal. Only the party that certifies a Jewelry is responsible for the decision to certify that Jewelry. You should familiarize yourself with the terms of the applicable certification program before buying any certified Jewelry.  to Jewelry Items certified by dealers in accordance with the certification programs of which we have partnerships.

                Anonymous chat and text service rely on infrastructure and services furnished by third-party providers. Neither DJA, its affiliates, nor participating dealers warrant the continuous availability or error-free operation of any operations.

           By offering your Jewelry Items for sale using our appraisals for any/all sellers, you must agree to our Terms of Sale. The Terms of Sale require, among other things, that you be prepared to sell your Jewelry Items at the price at which, and on the terms on which, you have listed it. You must have possession of the actual Jewelry listed and the ability to transfer title. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any Jewelry Item listed for sale, nor may you use DIAMOND JEWELRY APPRAISAL to promote, without our prior written permission, any other website, product, or service.

        By using DIAMOND JEWELRY APPRAISAL to sell your Jewelry  as a private seller, you represent that you are at least 18 years of age, that you are licensed seller, that you are not listing a Jewelry  for sale in your capacity as an owner, employee or representative of a third party, and that neither you nor anyone acting on your behalf will list more than 2000 Jewelry items for sale simultaneously.

        When you list Jewelry Items for sale through our Sell Your Using our proprietary program system service, we may obtain additional distribution for your listing through our relationships with other websites. We also may promote your listing on or through third-party websites or services as an added value. If other third parties contact you without your permission offering to sell you services, they have likely misused DIAMOND JEWELRY APPRAISAL and violated these Terms to exploit your listing information. If you receive any such solicitations that you did not authorize, please bring them to our attention by using our contact us form.

        Responsibility for the information contained in each appraisal lies with each Jewelry seller. You alone are responsible for the material you supply for the appraisal, including listing information and photos of your Jewelry, and for the content of all communications you transmit through DIAMOND JEWELRY APPRAISAL. Nothing will undermine a user’s confidence in the Jewelry you are looking to sell faster than inaccurate statements or misleading representations about the Jewelry. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we are using our proprietary program system e deeply about making sure that the information you supply is accurate and that, in all respects, you treat other users of DIAMOND JEWELRY APPRAISAL fairly and honorably.

        In connection with our efforts to combat Internet fraud, some appraisals may be screened before being fulfilled. This process may delay your appraisal. Though we cannot monitor every transaction that originates through a listing on DIAMOND JEWELRY APPRAISAL, we may, from time to time, perform random quality assurance tests to confirm that those who offer Jewelry items for sale over DIAMOND JEWELRY APPRAISAL are prepared to sell are valid.

By using DIAMOND JEWELRY APPRAISAL, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating these Terms, we reserve the right to deny that seller use of services offered on DIAMOND JEWELRY APPRAISAL and any affiliated websites and retract services.

        By listing a Jewelry  for sale on the DIAMOND JEWELRY APPRAISAL, you represent and warrant that: you are the legal owner and owner of all the intellectual property rights in any data, information, text, image, or other material (“Content”) that you submit to  DJA and any Affiliates of  DJA; you voluntarily waive all “moral rights” that you may have in such Content; the Content you submit is accurate and not false or misleading nor does it infringe any third party’s copyright, patent, trademark, trade secret or other intellectual or proprietary rights or rights of publicity or privacy. You further agree that you shall not: submit any Content that is, or may reasonably be considered to be, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, threatening, abusive, inflammatory, hateful, racially or religiously biased or offensive, harassing, fraudulent, or otherwise objectionable to any individual, partnership or corporation; or impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

        By listing a Jewelry Item for sale and using the DIAMOND JEWELRY APPRAISAL forms, you grant to  DJA and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised.

8. Modifications and Termination of Service

    DJA reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Service for any reason with or without notice to you. You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of DIAMOND JEWELRY APPRAISAL to which we restrict access, for example, by requiring additional appraisals. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of these Terms or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of DIAMOND JEWELRY APPRAISAL, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in DJA sole discretion and you agree that DJA will not be liable for any termination of your use of or access to the Service, DIAMOND JEWELRY APPRAISAL or any part of DIAMOND JEWELRY APPRAISAL. There are no Contractual obligations for Jewelry Sellers, they can terminate at any time with no further obligations.

9. Your Dealings with DIAMOND JEWELRY APPRAISAL

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such us and our affiliates. You acknowledge and agree that DJA will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of any issue found.

This appraisal has been prepared by a Professional Gemologist in conformity with generally accepted professional standards and the rules of professional ethics of the MASTER VALUE GEMOLOGISTS ASSOCIATION. It consists of this clarification sheet, the appraisal report, grading nomenclature and the credentials of the appraiser. All items have been personally examined by the appraiser, unless otherwise noted. The conclusions of dollar value have been reached objectively without bias directly from the sellers’ information which has been supplied digitally.

Types and Purposes of Appraisals

The object of an insurance appraisal is to establish an accurate position and to provide sufficient support in the event proof of loss or damage becomes necessary. However, DJA cannot guarantee that any insurance company will consider any appraisal valid and honor any insurance claim. This is solely in the guidelines of the insurance company and their policies. An insurance policy does not cover an appraisal; it covers an insurable item. In the case of jewelry, the actual jewelry item is what is insured, not the appraisal. If a diamond is broken, for instance. If the damage inspection finds the diamond is HPHT treated and not natural color, the insurance policy will replace an HPHT treated diamond and not a natural untreated diamond as listed on the appraisal. Therefore, it is understood that DJA is held harmless in any potential legal action of the purchaser of the appraisal or the buyer of the appraised value as this is a stated value and description of the seller and a buyer of the appraised item.  DJA are validation, documentation/s, and a recording of specified information given by the seller of the item. Like that of a  DJA evaluation of any Jewelry. There are certain criteria that are gathered, collected, reflected and given and it is with that information that the value of our proprietary program system s value is determined. This service is greatly needed and there is never a determination of any specified deficiencies that may be present and unknown by any parties and hence have no liability to that cost assessment, although extremely accurate most of the time.

The valuation shall give the approximate cost of replacing or recreating the gem or jewelry article as closely as possible. To accomplish this, the appraisal shall take into consideration today’s market prices as well as current costs for labor, materials, creative design, certification and the precious stone and metal markets.

Costs and margins may differ substantially from retailer to retailer based on locality, various services offered and marketing methods.

Jewelry Appraisals are important documentation to establish the value of the jewelry article you are buying. Here are some, not all the terminologies you will find within the DJA appraisal.

• Diamonds: Natural vs. synthetic, modern cuts, old cuts (old mine, old European, rose, and transitional), fancy colored (natural vs. enhanced), Ideal cuts, and enhanced (fracture filled, laser drilled, HTHP color enhanced)
• Colored Gemstones: Natural vs. synthetic, gemstone enhancements (fracture filling, heat treatment, glass infilling, deep diffusion treatment, coating, irradiation, paraffin coating, dye, and assembled stones. Note there are many more enhancements and most gemstones on the market today are enhanced. You want to address how the enhancements will be reported within the appraisal. Rare colored gemstones, origin (the country of origin can play a major role in the value of the gemstone)
• Pearls: Natural vs. cultured vs. assembled, freshwater or saltwater, natural color v. dyed or irradiated, South Sea (white & Tahitian), American freshwater, abalone, seed, keshi, and mabé
• Jadeite: Natural vs. simulants. “A” vs. “B” vs. “C” vs. “D”. ”A” jade is natural with just a wax finish, “B” jade has been acid “bleached” and polymer impregnated, “C” jade has been dyed, while “D” jade has been acid “bleached”, polymer impregnated, and dyed.
• Metals: 9kt, 10kt, 14kt, 18kt, 20+kt, yellow v. white, platinum, rhodium, silver, gold filled, gold plated etc. Testing metals and manufacturing process (cast, hand fabrication, die struck, machined)
• General jewelry: Mass-produced vs. custom, antique and period vs. reproductions and “married” pieces (period with modern parts and/ or converted pieces) modern, along with quality assessment. Enamels and inlays
• Watches: Pocket and wrist, modern and period, condition analysis, authentic vs. fake or after-market parts
• Hallmarks and Trademarks: Manufacture’s marks (a piece made by Using our proprietary program system tier is more valuable than the same piece as an unknown)
• Accessories: Compacts, chatelaines, cigarette cases and lighters

The basis for determination of value is for items of like kind and quality and the type of retail outlet that most commonly using our proprietary program system the item(s). When the seller of a jewelry item cannot come to our offices as a additional service and respect for their professionalism in the jewelry business the seller and purchaser of the appraisal report is the and has the sole responsibility of giving an accurate estimation of what they have found to be true. The replacement cost is the average price that would be paid when buying the item(s) in the current marketplace.

Antique and period style jewelry is unique, and as such, reproduction costs are not applicable. Often, it may be difficult to find an item comparable to the one being appraised. Even if the market does exist, it may not be large enough to yield sufficient data for an accurate evaluation.

Therefore, the method used to appraise antique and period style jewelry is replacement cost for comparable items. These values are not for investment purposes, nor are they an endorsement of the price you should pay. The article(s) are appraised based upon final consumption at the retail level. These values are the appraiser’s best judgement and opinion and are not a representation or warranty that the article(s) will realize that value if offered for sale at auction and DJA relies exclusively on the integrity of the seller and purchaser of the appraisal reports that are supplied. The buyer who uses any DJA appraisal as well should also feel confident in the seller for all purchases.  DJA claims no level of authenticity of any seller or of purchaser of an appraisal as a valid and expectation of the overall description of the item appraised. The seller and buyer of the appraisal is the full integrity and the confidence of the buyer of any of the sellers’ items and is always encouraged to do their own determination and due diligence of any sell of any item jewelry or not. Should any buyer of any of the jewelry items purchased from the seller can always get an additional appraisal from the neighborhood jeweler which DJA has found through research to be an ancillary and additional backup to the original appraisal.  DJA appraisals are a tangible asset to help determine the validation of any jewelry item that is already to be known to have value with an extension of documentation that can assist in the buying value of any jewelry item.

Estate valuation requires an appraisal of the cash value of any included gemstone or jewelry item. This cash value is based upon what a willing buyer and a willing seller would agree upon without a forced sale. Since it does not consider today’s marketing costs nor current prices for labor, materials or creative design, this type of appraisal is lower than appraisals for insurance purposes.

Treasury regulation 20.2031-1(b) states the fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts. The fair market value of a particular item of property…is not to be determined by a forced sale price, nor is the fair market value of an item of property to be determined by the sale price of the item in a market other than that in which such item is most sold to the public, considering the location of the item wherever appropriate.

To be noted is the determination of a market where the used jewelry is “most commonly sold to the public”. For example: from retail consumer to jeweler, or retail consumer to retail consumer via public auction, or other public sale where the market is proven to be the common market. This valuation is primary to the seller as they are professionals who understand the market of the jeweler items that they offer for sale. These values may be or not be a fraction of what a similar new item may be sold at retail and would qualify as fair market value. Please note that all Jewely items are subjective. When you as a consumer of a jewelry item purchase the appraised item the price of that item varies to many factors. The same exact item can sell for vastly different items and costs due to the location and style of purchase. I.e. when purchasing an item form a mainstream jeweler in a high-end mall the cost of that item will typically be at the top range of the appraisal while if the precise same item is purchase at an estate sale the price difference will b drastically different. Same Item same appraised value different venue.

10. Links to Other Websites

  DIAMOND JEWELRY APPRAISAL provides links to other Web sites. You acknowledge and agree that, because DJA has no control over such sites, we are not responsible for them or the resources and information they contain. In particular, we are not responsible for the availability of services related to another Web site that has a link on DIAMOND JEWELRY APPRAISAL; we do not necessarily endorse such sites, and we are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that DJA will not be liable for any loss whatsoever for any damage caused by or incurred in connection with the use of or reliance on the information, goods or services available through any such site.

11.  DJA Proprietary Rights

    You acknowledge and agree that the Service and all materials on DIAMOND JEWELRY APPRAISAL, contain proprietary information and data that is protected by applicable copyright, trademark and other intellectual property laws (DJA “Proprietary Information”). All materials on DIAMOND JEWELRY APPRAISAL, including such Proprietary Information, may only be used for personal, non-commercial purposes, and you agree not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from DIAMOND JEWELRY APPRAISAL unless and until you have obtained our prior written consent. The Proprietary Information covered by this prohibition includes, without limitation, the software programming and html and other code contained in the Web site, DJA Jewelry Values, DJA Jewelry Pricing information, compilations of Jewelry specifications, any reviews, ratings, user generated content, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on DIAMOND JEWELRY APPRAISAL.

    You are free to establish a hypertext link to DIAMOND JEWELRY APPRAISAL pursuant to the DIAMOND JEWELRY APPRAISAL Linking Policy. However, without our prior written permission, you may not frame any of the content of DIAMOND JEWELRY APPRAISAL, nor incorporate into another website or service any intellectual property of DJA or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in these Terms should be sent to our website terms and agreements.

   DJA, DIAMOND JEWELRY APPRAISAL, and the DJA logo are all trademarks owned by us. The names of other products and services referred to in the DIAMOND JEWELRY APPRAISAL may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on DIAMOND JEWELRY APPRAISAL without the prior written consent of the owner of the mark.

    You acknowledge that by transmitting or posting any material on or through DIAMOND JEWELRY APPRAISAL, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via DIAMOND JEWELRY APPRAISAL.

12. Use of DJA Logos

    Click here to view the DJA logos (“ DJA Marks”), and the terms of use governing downloads of the DJA Marks. You agree that all of the DJA Marks are the property of DJA, and agree that you will not use the DJA Marks without DJA prior written permission.

13. No Illegal Use

    As a condition of your use of and access to DIAMOND JEWELRY APPRAISAL, you agree not to use the Services for any unlawful purpose or in any way that violates these Terms. You also agree not to use the Services in any way that could damage, disable, overburden, or impair DIAMOND JEWELRY APPRAISAL or any DJA server, or the associated networks, or interfere with any other party’s use and enjoyment of any Services.

14. Dispute Resolution – Mandatory Arbitration and Class Action Waiver

    Arbitration Agreement: YOU AND DJA AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THESE TERMS, DIAMOND JEWELRY APPRAISAL, OR THE SERVICES (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.

    Class Action Waiver: YOU AND DJA AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor DJA may participate in a class or representative action in court as a class member if the Claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or DJA. To be clear, you and DJA both waive any right to participate in any class action involving disputes between us.

    This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in Section 15 of these Terms will remain in full force and effect.

    Arbitrator Authority: The arbitrator’s authority is governed by this arbitration agreement. You and DJA agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by these Terms (including the limitations of liability set forth in Section 17), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with DJA. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.

 Arbitration Procedures: You and DJA agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitration shall be conducted by DJA selection.

    Survival: This arbitration agreement survives the termination of these Terms between you and DJA.

15. Jury Trial Waiver.

    You and DJA expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section 14 is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.

16. Disclaimer of Warranties:

    You Expressly Understand and Agree That:

    Your use of the Service is at your sole risk. DJA provides the Service to you on an “as is” and “as available” basis. DJA and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

    DJA and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material accessed, purchased or obtained by you through the Service will meet your expectations; and (v) any errors will be corrected.

    All material and information obtained using the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the accessing of any such material.

    No advice or information, whether oral or written, obtained by you from DIAMOND JEWELRY APPRAISAL or its affiliates or partners through or from the Service shall create any warranty whatsoever.

    Jewelry valuations are opinions and may vary from Jewelry Item to Jewelry Item. Actual valuations are based upon current available information supplied solely by the seller and the purchaser of the appraisal and analysis of market conditions, and will vary depending on specifications, Jewelry condition or other circumstances pertinent to a particular Jewelry or the transaction or the parties to the transaction. DJA assumes no responsibility for the accuracy of Jewelry values and no responsibility for errors or omissions.

17. Limitation of Liability

    You expressly understand and agree that DJA and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DJA has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained or received or transactions entered into as a result of your use of the Service; (iii) statements or conduct of any third party related to the Service; or (iv) any other matter relating to the Service.

    IF YOU RELY ON DIAMOND JEWELRY APPRAISAL OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH DIAMOND JEWELRY APPRAISAL, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH DJA. DIAMOND JEWELRY APPRAISAL AND THE SERVICES ARE PROVIDED TO YOU “AS IS.” DJA AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR SERVICES AVAILABLE THROUGH DJA (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH DIAMOND JEWELRY APPRAISAL). NOR DO WE OR THEY GUARANTEE THAT DIAMOND JEWELRY APPRAISAL OR THE SERVICES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT DIAMOND JEWELRY APPRAISAL OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DJA AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO DIAMOND JEWELRY APPRAISAL BY YOU OR ANY THIRD PARTY.

    UNDER NO CIRCUMSTANCES WILL DJA OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF DIAMOND JEWELRY APPRAISAL, THE SERVICES, OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON DIAMOND JEWELRY APPRAISAL, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF DJA AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING DIAMOND JEWELRY APPRAISAL OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF DIAMOND JEWELRY APPRAISAL OR THE SERVICES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH  DJA  .

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.

18. Indemnity and Release

    When you use DIAMOND JEWELRY APPRAISAL, you are agreeing to indemnify  DJA, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the DIAMOND JEWELRY APPRAISAL Web site, your use of the Service, or your submission of Contributions as set forth in Section 4 above. By using DIAMOND JEWELRY APPRAISAL you are agreeing to release DJA and its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors from any and all claims, fees, costs, damages and obligations of any kind whatsoever that you may have against them arising out of or in any way related to such claims or obligations and to any disputes regarding use of ideas and/or related materials submitted to DIAMOND JEWELRY APPRAISAL. You hereby agree to waive all laws that may limit such releases. For example, you specifically agree to waive the provisions of Wyoming civil code section 1542, which provides:” A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which is known by him must have materially affected his settlement with the debtor.”

19. Changes and Updates to These Terms of Service

    DJA may occasionally update or change these Terms, so we encourage you to view them often. Your continued use of the Service constitutes your agreement to these Terms and any updates.

20. General Information

    Choice of Law. The Terms and the relationship between you and DJA shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions.

    Waiver and Severability of Terms. The failure of DJA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

    Entire Agreement. The Terms constitute the entire agreement between you and DJA and govern your use of the Service, superseding any prior Terms with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DJA services, affiliate or third-party services.

    Statute of Limitations. You agree that any claim, demand, or cause of action arising out of or related to the Service or your access or visit to DIAMOND JEWELRY APPRAISAL or these Terms must be filed by you within one (1) year after such claim, demand, or cause of action arose, or it is forever barred.

21. Reporting Violations to the Terms

    Please report any violations of the Terms to DJA customer service.