Terms of Use

TERMS OF USE - PLEASE READ CAREFULLY BEFORE USING THIS SITE

This website is owned and provided by Charles & Colvard, Ltd. and is provided for your entertainment, information and education. Your use of this website is subject to the following terms of use. By accessing, browsing or using this site, you agree to be bound by these terms. If you do not agree to these terms or if you do not agree with our Privacy Policy, do not use the site or any services offered by this site. We reserve the right to make changes to these terms of use at any time, without notice. Check back from time to time to ensure you area aware of any updates or changes to these terms.

TRADEMARKS AND COPYRIGHTS:

Your use of the website is limited to personal and non-commercial use only. You may not copy, distribute, reproduce, modify, transmit, publish, upload, reuse, re-post, or otherwise display the Content for public or commercial purposes. Charles & Colvard, Ltd. and the Charles & Colvard Created Moissanite logo are registered trademarks of Charles & Colvard, Ltd. In addition, all names, logos, service marks, and trademarks appearing in this website, including the trademarks, service marks, brand identities, characters, trade names, graphics, and designs are registered and unregistered trademarks of Charles & Colvard, Ltd. or third parties who have authorized their use (collectively, the "Trademarks"). Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Trademarks in any way. The use of the Trademarks in advertising and promotion, including on any other website is strictly prohibited without the prior written consent of Charles & Colvard, Ltd., and then only with proper acknowledgement. All of the materials contained in this website (the "Contents") are protected by copyright except where explicitly noted otherwise. Charles & Colvard and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Charles & Colvard, Ltd. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil and criminal prosecution.

LINKS TO OTHER MATERIALS:

This website may provide links allowing you to leave this website and access third-party sites ("Linked Sites"). Unless the Linked Site is owned by, and under the control of Charles & Colvard, Charles & Colvard does not endorse any Linked Sites. We have not and will not review the contents of any Linked Site, or any link contained in a Linked Site. Charles & Colvard reserves the right to terminate any link or linking program at any time. We are not responsible for the content or privacy policies of any Linked Sites and we do not ensure that Linked Sites are error or virus free. If you decide to access any of the third party sites linked to this website, you do this entirely at your own risk. We encourage you to carefully read the terms of use and the privacy policies of each site you visit.

UNSOLICITED IDEAS:

We appreciate that great ideas may come from our valued customers; however, in order to avoid potential misunderstandings or disputes, it is Charles & Colvard's policy not to accept or review any unsolicited ideas that come from outside of Charles & Colvard or its affiliates, including ideas for new advertising campaigns, new promotions, product enhancements, processes, marketing campaigns, or new product names. Please do not send any unsolicited ideas or other materials to us or submit them to our website. If despite this policy, you submit unsolicited materials, information, comments, suggestions, ideas, notes, drawings, concepts, or other information (your "Communications") to Charles & Colvard, your Communications shall be deemed and shall remain our property. By submitting your Communications, you acknowledge and agree that Charles & Colvard, Ltd. owns all right title and interest to your Communications and we may use your Communications for any purpose whatsoever, commercial or otherwise, without compensation to you.

SOLICITED SUBMISSIONS:

From time to time, we may solicit consumer submissions. In submitting photographs or other solicited materials, you are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

PRIVACY POLICY:

We take your privacy and your privacy concerns seriously. All personally identifiable information, if any, you submit to this website is subject to Charles & Colvard, Ltd.'s Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY:

Charles & Colvard makes no warranties or representations as to the accuracy of any information contained in this website. THE MATERIALS, SERVICES AND INFORMATION ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE, CHARLES & COLVARD DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. CHARLES & COLVARD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THIS WEBSITE OR THESE TERMS OF USE OR OUR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THIS WEBSITE AND ITS SERVICES. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL CHARLES & COLVARD OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT YOUR ACCESS TO, OR USE OF, THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE, OR CAUSED BY A VIRUS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, EVEN IF CHARLES & COLVARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH EVENT, THE AGGREGATE LIABILITY OF CHARLES & COLVARD, LTD. TO YOU FOR ANY REASON SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

APPLICABLE LAWS:

This site is controlled by Charles & Colvard, Ltd. from its offices, in Morrisville, North Carolina, within the United States of America. The materials in this website are presented solely for the purpose of promoting products or programs available in the United States, its territories, possessions, and protectorates. We make no representation that the Contents of this website are appropriate or available for use outside of the United States. Your access to this website and your use of this website pursuant to these terms of use is governed by the laws of the State of North Carolina without regard to its conflicts of laws provisions. By using this website, you consent to the personal jurisdiction of the state and federal courts located within the State of North Carolina for any action arising out of or relating to your use of this website.

CAUTION REGARDING FORWARD-LOOKING STATEMENTS:

Charles & Colvard notes that this website contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Statements expressing expectations regarding our future and projections relating to products, sales, revenues and earnings are typical of such statements and are made under the Private Securities Litigation Reform Act of 1995. These forward-looking statements include, but are not limited to, statements about our plans, objectives, representations and contentions and are not historical facts and typically are identified by use of terms such as "may," "will," "should," "could," "expect," "plan," "anticipate," "believe," "estimate," "predict," "potential," "continue" and similar words, although some forward-looking statements are expressed differently.

All forward-looking statements are subject to the risks and uncertainties inherent in predicting the future. You should be aware that although the forward-looking statements included herein represent management's current judgment and expectations, our actual results may differ materially from those projected, stated or implied in these forward-looking statements as a result of many factors, including, but not limited to the Company's ability to manage growth effectively, dependence on Cree, Inc. as the current supplier of the substantial majority of the raw material, ability to develop a material second source of supply, dependence on a limited number of jewelry manufacturing customers, dependence on continued growth and consumer acceptance of the Company's products, in addition to the other risks and uncertainties described in more detail in our most recent annual report on Form 10-K filed with the Securities and Exchange Commission. Forward-looking statements speak only as of the date they are made. We undertake no obligation to update or revise such statements to reflect new circumstances or unanticipated events as they occur except as required by the federal securities laws, and you are urged to review and consider disclosures that we make in the reports that we file with the Securities and Exchange Commission that discuss other factors relevant to our business.

CONTACT US:

If you have any questions about our policy or about our collection or use of personally identifiable information please contact us at corporate affairs. If you wish to be removed from our mailing list, please click here.

Last updated: February 15, 2008

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