By accessing and using www.diamondphils.com.jewelryrep.com (the "Site"), you are agreeing to be legally bound by these Terms of Use. As used herein the term "you" means an entity or individual accessing this site.

1.GENERAL.

Company may change any term in these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use each time you access the Site, before you begin using the Site. You may print a copy of these Terms of Use for your reference. You may not use the Site for any unlawful purpose or any purpose not approved by Company

2.COPYRIGHT AND LIMITATIONS ON USE.

The content displayed on the Site, including without limitation the text, images, logos, photographs, descriptions, data and other material on the Site (the "Content"), is the property of Company or its licensors, and is protected by copyright and other intellectual property laws. All software used on this Site is the property of Company or its software suppliers and is also protected by U.S. and international copyright laws.

Your use of the Site and the Content is limited to your own personal, noncommercial use in connection with shopping and ordering on the Site and for no other purposes. Any downloading or copying of the Content is permitted for your personal, noncommercial use only. No right, title and interest in such Content is transferred to you upon such copying or downloading, and such materials may not be transferred, linked, reproduced, retransmitted or displayed, in whole or in part.

"Diamond Phils" is a trademark of Company in the United States. Company's trademarks may not be used in connection with any product or service which is not Company's, in any manner likely to cause confusion among customers or in any way that disparages or discredits Company. Other trademarks that appear on the Site are the property of their respective owners.

3.PRODUCT AVAILABILITY, ONLINE CATALOG AND PRICING

If you are interested in a piece of jewelry that is currently on back order, call us at (973) 292-1077, and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item can go out of stock before we are able to post notification to the Site. In such event, we will notify you so that we can help you select another item.

We have attempted to ensure that our online catalog is as accurate and complete as possible. It is possible, however, that some products in the catalog may appear larger or smaller than their actual size. In addition, because the color you see is dependent on the settings of your computer monitor, the color of the products as received may vary somewhat from their photographs in our online catalog.

In addition, for each item containing multiple diamonds, we list the average grade and measurement for color, clarity, and carat weight. These averages are calculated by adding all grades or measurements that comprise the inventory with regard to that particular piece of merchandise, and determining the closest mean. In compliance with industry standards and FTC regulations, the total carat weight in all purchases may vary 0.05 carats from the stated weight.

From time to time, data may be inaccurately displayed on the Site due to system errors. While we make commercially reasonable efforts to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and to refuse or cancel any order placed for an item at an incorrect price. We do not and will not honor inaccurate or erroneous prices. All prices listed on the Site are in US dollars and are subject to change without notice. We apologize for any inconvenience this may cause. If you have questions, please do not hesitate to contact us at www.diamondphils.com.jewelryrep.com or (973) 292-1077.

4.ORDERING AND PAYMENT METHODS

By placing an order through this Site, you represent and warrant that you are 18 years of age or older and that all the information you are providing, including your e-mail address, is accurate, current and complete. Your order is not final until it has been accepted by Site through an e-mail acceptance notice to your e-mail address. It is your sole responsibility (and not Site's) to pay any applicable taxes that may arise from your order.

For your convenience, we offer the following payment methods:

• Credit cards: Use your Visa, Master Card, Discover, Diners Club, Diners Club card
• Debit cards: A debit card is treated differently than a credit card by your bank. A debit card is much like a credit card in that it may display a credit card company logo, but a charge to your debit card uses funds directly from your bank account. The biggest difference is that your bank may institute a daily charge limit on your debit card. If the price of your order exceeds a daily limit set on your debit card, we will notify you, as this will prohibit us from processing your order.

5.RETURNS.

All returns will be processed in accordance with our Return Policy. For more information, see our full Return Policy.

6.MEMBER ACCOUNT, PASSWORD AND SECURITY.

You may receive a password and account designation upon completing a Company registration process and becoming a registered user. These passwords are the property of Company and for security reasons must not be disclosed to any other party. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You grant Company and all other persons and entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Site. You agree that Company, in its sole discretion, may terminate your password or account for any reason. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to your account.

7.COMPANY PRIVACY POLICY.

Data you provide and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy.

8.DISCLAIMER OF WARRANTIES AND LIABILITY.

UNLESS OTHERWISE SPECIFICALLY NOTED, THE CONTENT AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. COMPANY AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION WITH RESPECT TO OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SITE, OR THE SITE ITSELF, AND COMPANY HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER COMPANY NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE AND ANY CONTENT ON THE SITE. IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE SITE. COMPANY AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES (NOT TO EXCEED US $1,000.00), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Please note that the above disclaimer does not apply to products you may purchase through this Site. Warranties and return rights concerning such products are governed by terms provided elsewhere in this Site (including without limitation our Return Policy), written materials included in the packaging of the purchased products, and by applicable law.

9.LINKS TO THIRD PARTY SITES.

This Site may contain hyperlinks to sites operated by persons other Company. Such hyperlinks are provided for your reference and convenience only. You agree not to hold Company responsible for the content or operation of such Sites. A hyperlink from this Site to another site does not imply or mean that Company endorses the content on that site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other sites to which you might link from this Site.

10. INDEMNIFICATION.

You agree to indemnify and hold harmless each of Company, its affiliates, officers, directors and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

11. SUBMISSIONS VIA EMAIL.

If you submit any business information, idea, concept or invention to Company by e-mail, you automatically grant – or warrant that the owner of such content or intellectual property has expressly granted – Company a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Company may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to Company by email.

12. GOVERNING LAW AND JURISDICTION.

This Site is owned and operated by Company from its offices in New Jersey. Your use of this Site, and any related legal action, shall be governed by the laws of the State of New Jersey, without regard to conflict of laws principles. The sole jurisdiction and venue for any litigation arising out of your use of or inquiries to the Site shall be an appropriate federal or state court located in the State of New Jersey.

13. ADDITIONAL LEGAL TERMS.

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

All rights not expressly granted herein are hereby reserved. These Terms of Use, the Privacy Policy and the Return Policy are the entire and final agreement regarding this Site and its Content, and supersede any prior or contemporaneous communications between Company and you with respect to the use of the Site.