MATERIAL ON THE SITE MAY ALSO CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS (INCLUDING PRICING ERRORS), AND MAY BE CHANGED, UPDATED OR MODIFIED AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE; Tuamotu Pearls & Gems, Inc. WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES.

Tuamotu Pearls & Gems, Inc. MAY IN ITS SOLE DISCRETION ADD, DELETE, OR CHANGE SOME OR ALL OF ITS PRODUCTS AND SERVICES AT ANY TIME. Tuamotu Pearls & Gems, Inc. has attempted to accurately depict the products offered on the Site. However, because the depiction of a product is dependent on your computer monitor, Tuamotu Pearls & Gems, Inc. cannot guarantee that such depiction will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show details.

USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH BELOW OR IN A WRITTEN WARRANTY THAT ACCOMPANIES A PRODUCT (AND THEN ONLY WITH RESPECT TO SUCH PRODUCT), Tuamotu Pearls & Gems, Inc. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND AVAILABILITY) REGARDING THE SITE AND ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THE SITE. THE SITE AND PRODUCTS AND INFORMATION ON THE SITE ARE PROVIDED ON AN AS IS-WHERE IS BASIS. NEITHER Tuamotu Pearls & Gems, Inc. NOR ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, AFFILIATES) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, THE INFORMATION CONTAINED ON OR TRANSMITTED FROM THE SITE OR PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE, OR TRANSACTIONS CONDUCTED AT THE SITE, EVEN IF Tuamotu Pearls & Gems, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE TOTAL LIABILITY OF Tuamotu Pearls & Gems, Inc. OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO Tuamotu Pearls & Gems, Inc. FOR THE SINGLE PRODUCT AT ISSUE, OR ONE THOUSAND DOLLARS ($1,000). YOU HEREBY ACKNOWLEDGE THAT ALL THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE, AND TRANSACTIONS CONDUCTED AT THE SITE.

These terms and conditions shall be governed by, construed and interpreted according to the laws of the State of Hawaii. Should a dispute arise between the Parties (you and Tuamotu Pearls & Gems, Inc.) which cannot be resolved by the Parties in good faith negotiations, both Parties agree to submit such dispute to arbitration in Honolulu, Hawaii, before a single arbitrator familiar with the Uniform Commercial Code using the Commercial Rules of the American Arbitration Association.