Terms and Conditions

Agreement between User and caratx.com

Welcome to caratx.com. The caratx.com website (the "Site") is comprised of various web pages operated by CaratX, Inc. ("CaratX"). caratx.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of caratx.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

caratx.com is an E-Commerce Site.

CaratX is where the diamond, gemstone, jewelry and pearl industry connects, buys and sells products through the CaratX marketplace.

Privacy

Your use of caratx.com is subject to CaratX's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting caratx.com or sending emails to CaratX constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CaratX is not responsible for third party access to your account that results from theft or misappropriation of your account. CaratX and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

CaratX does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use caratx.com only with permission of a parent or guardian.

Cancellation/Refund Policy

All custom work orders are non-refundable and non-negotiable. Anything done outside the CaratX platform is non-refundable and CaratX is not responsible for any damages. All other orders come with a 5 day return policy, minus any fees incurred by the CaratX platform at the time of sale, as a result of the order.

Approved Returns must be accompanied with original packaging, receipt and invoice and in unused condition. Failure to meet these return and refund requirements may result in the return not being approved. CaratX, Inc reserves the right to refund transactions outside of this policy at the discretion of CaratX, Inc.

Items purchased in the CaratX platform, that are inventoried outside of the United States of America do not qualify for cancels, returns or refunds.

Links to Third Party Sites/Third Party Services

caratx.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CaratX and CaratX is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CaratX is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CaratX of the site or any association with its operators.

Certain services made available via caratx.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the caratx.com domain, you hereby acknowledge and consent that CaratX may share such information and data with any third party with whom CaratX has a contractual relationship to provide the requested product, service or functionality on behalf of caratx.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use caratx.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to CaratX that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CaratX or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CaratX content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CaratX and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CaratX or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content
• Upload files that contain viruses or other harmful content
• Upload files protected by intellectual property laws without proper authorization
• Advertise or offer to sell goods or services for business purposes unless specifically allowed
• Conduct surveys, contests, pyramid schemes or chain letters
• Falsify attributions or notices
• Restrict others from using the Communication Services
• Violate applicable laws or regulations

CaratX has no obligation to monitor the Communication Services. However, CaratX reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CaratX reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Materials Provided to caratx.com

CaratX does not claim ownership of the materials you provide to caratx.com (including feedback and suggestions) or post, upload, input or submit to any CaratX Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CaratX, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses.

No compensation will be paid with respect to the use of your Submission, as provided herein. CaratX is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CaratX's sole discretion.

Third Party Accounts

You will be able to connect your CaratX account to third party accounts. By connecting your CaratX account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by CaratX from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CaratX Content accessed through caratx.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless CaratX, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CaratX reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CaratX in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

Diamond Quality Standards

CaratX has strict requirements for diamonds sold on the platform, including:

• All diamonds must meet the FTC definition of diamonds
• All treatments and enhancements must be disclosed
• Diamond grading reports are required for certain carat weights
• Only certificates from GIA, IGI, AGS, and GCAL are accepted

Contact Us

CaratX welcomes your questions or comments regarding the Terms:

CaratX, Inc.
3561 Homestead Rd #8500
Santa Clara, California 95051
Email: info@caratx.com
Phone: 833-399-2400

Effective as of October 01, 2021