Terms of Use, Disclaimer & Liability Notice

Effective date: May 17, 2026  |  Last updated: May 18, 2026  |  Version 2.1

1. Definitions

• "Site" — pnwcuttersxchange.com and all subdomains, applications, and related services operated by PNW Cutters Xchange.
• "Shop" — inventory owned, cut, sourced, or curated directly by PNW Cutters Xchange.
• "Community Marketplace" or "Marketplace" — the free classifieds board where independent users post listings.
• "User," "you," "your" — any person or entity that accesses or uses the Site.
• "Content" — listings, photographs, descriptions, messages, comments, ratings, and any other material posted by Users.
• "We," "us," "our" — PNW Cutters Xchange, a sole proprietorship organized in the State of Washington, and its owners, operators, affiliates, agents, contractors, and successors.

2. Eligibility

You may use the Site only if you:

• Are at least eighteen (18) years of age and have the legal capacity to enter a binding contract under the laws of your jurisdiction;
• Are not barred from receiving services under U.S. law, including the regulations of the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), and are not located in or a national of a country or region subject to U.S. trade sanctions;
• Have not been previously banned, suspended, or removed from the Site; and
• Will comply with all applicable federal, state, local, and tribal laws.

The Site is not directed to and may not be used by persons under 18. We do not knowingly collect data from children under 13 (see Children's Online Privacy Protection Act, 15 U.S.C. § 6501 et seq.).

3. What We Are — And What We Are Not

PNW Cutters Xchange operates two legally distinct channels:

• The Shop. Inventory we own, cut, source, or curate directly. We stand behind the representations we make on Shop items: descriptions, treatments, species identifications, and origin claims are our responsibility.
• The Community Marketplace. A free classifieds venue. We do not own, possess, inspect, grade, authenticate, appraise, photograph, ship, store, or guarantee any item listed. We are a venue, not a party, to any Marketplace transaction.

Interactive computer service. The Community Marketplace is an "interactive computer service" within the meaning of 47 U.S.C. § 230(c). Content posted by Users is third-party content, and PNW Cutters Xchange is not the "publisher or speaker" of that Content under federal law. We do not develop, co-author, materially contribute to, or solicit any unlawful Content.

Not a marketplace facilitator. PNW Cutters Xchange does not process payments, collect funds, hold funds in escrow, charge listing fees, take a commission, or otherwise control the financial terms of any Marketplace transaction. We are not a "marketplace facilitator" as defined in RCW 82.08.010(15) and have no obligation to collect or remit sales or use tax on transactions between Users. Tax obligations rest solely with the transacting parties.

No agency or partnership. Nothing in these Terms creates any agency, partnership, joint venture, employment, franchise, or fiduciary relationship between you and PNW Cutters Xchange. We do not act as a broker, dealer, fiduciary, agent, escrow holder, or appraiser for any User.

4. Account Registration

If account registration is required to post listings or send messages, you agree to:

• Provide accurate, current, and complete information;
• Maintain and update that information;
• Keep your credentials confidential;
• Be solely responsible for all activity under your account;
• Notify us immediately at security@pnwcx.com of any unauthorized access.

We may suspend or terminate any account at any time, with or without cause, with or without notice, in our sole discretion.

5. Community Marketplace — Buyer & Seller Responsibility

All transactions conducted through or initiated on the Community Marketplace are strictly between the buyer and the seller. PNW Cutters Xchange:

• Does not verify the identity, accuracy, authenticity, quality, treatment disclosure, provenance, or legality of any Marketplace listing or User;
• Does not process payments, hold funds in escrow, or facilitate any financial transaction;
• Does not mediate, arbitrate, or resolve disputes between Users;
• Does not guarantee delivery, condition upon receipt, or fitness for any particular purpose; and
• Is not responsible for misrepresentation, fraud, non-delivery, damage in transit, lost shipments, chargebacks, or any other issue arising from a Marketplace transaction.

All financial obligations — payment, shipping, insurance, taxes, duties, customs, returns, and refunds — are the sole responsibility of the buyer and seller. You transact at your own risk.

Off-platform transactions. If you initiate contact with another User through the Site and later transact off the Site (by direct email, text, phone, in person, at a show, or through any other channel), this Section 5 still applies. We have no liability for any off-platform conduct, communication, or transaction.

6. Buy at Your Own Risk

All Marketplace purchases are made at the buyer's sole risk.

Buyers should:

• Request detailed photographs, video under varied lighting, and independent verification;
• Use a payment method that offers buyer protection (e.g., PayPal Goods & Services; credit card with chargeback rights). Friends & Family transfers, wire transfers, cryptocurrency, gift cards, and cash-by-mail offer no recourse;
• Confirm shipping method, insurance, packaging, returns, and expectations in writing before sending payment;
• Obtain independent gemological identification or appraisal for high-value purchases.

7. Seller Representations & Warranties

By posting a listing, the seller represents and warrants to the buyer and to PNW Cutters Xchange that:

• The seller holds good and marketable title to the item, free of any lien or encumbrance, or is otherwise legally authorized to sell it (see RCW 62A.2-312, warranty of title);
• The item is not stolen, counterfeit, smuggled, illegally imported, or otherwise unlawfully obtained;
• All descriptions, photographs, weights, carat counts, measurements, species identifications, treatment disclosures, and origin claims are accurate, complete, and not misleading;
• The listing complies with all applicable federal, state, local, and tribal law, including but not limited to:
  • FTC Jewelry, Precious Metals, and Pewter Industries Guides, 16 C.F.R. Part 23 (gemstone, treatment, synthetic/lab-grown disclosure);
  • Lacey Act, 16 U.S.C. §§ 3371–3378 (wildlife, fish, plant, and certain fossil trafficking);
  • CITES, 50 C.F.R. Part 23 (endangered species: corals, ivory, tortoiseshell, certain woods);
  • U.S. trade sanctions and export controls administered by OFAC and the Bureau of Industry and Security;
  • Washington Consumer Protection Act, RCW 19.86 et seq.;
  • Washington UCC, RCW 62A.2 (sales);
  • Washington theft and fraud statutes, RCW 9A.56 and RCW 9A.60; and
  • All applicable tax laws, including 1099-K and state sales-tax obligations.
• The seller will fulfill all obligations to the buyer, including timely shipping, accurate condition reporting, and honoring any return or refund terms in the listing.

These representations are made directly to the buyer. PNW Cutters Xchange is not a party to and does not enforce them; the buyer's remedies are against the seller.

8. Prohibited Conduct

The following conduct is strictly prohibited and constitutes grounds for immediate listing removal, account suspension, and permanent ban, in our sole discretion:

• Misrepresenting species, treatment, origin, weight, carat, or any other material fact;
• Listing counterfeit, stolen, replica-as-genuine, or illegally sourced goods;
• Listing material in violation of the Lacey Act, CITES, OFAC sanctions, or any wildlife, cultural-property, or tribal-protection law;
• Defrauding, manipulating, or exploiting other Users — including bait-and-switch, shill bidding, false claims of damage in transit, fake non-receipt claims, repeated chargeback abuse, and "private group" pyramid schemes;
• Harassing, threatening, doxxing, stalking, or targeting other Users;
• Operating multiple accounts to evade a ban, inflate reputation, or manipulate ratings;
• Scraping, crawling, reverse-engineering, or unauthorized data collection from the Site;
• Interfering with Site operations, including DoS, malware, or bot traffic;
• Any conduct constituting an unfair or deceptive act under RCW 19.86.020, theft under RCW 9A.56, or fraud under RCW 9A.60.

9. Enforcement, Bans & Anti-Circumvention

We may, at our sole discretion and without prior notice, remove Content, suspend, restrict, or permanently ban any User. Banned Users:

• Forfeit all Site access, pending listings, ratings, reputation, and saved data;
• May not create new accounts, use proxies, alternate emails, or otherwise circumvent the ban (each circumvention is a separate violation and may give rise to civil and criminal liability under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030);
• Are not entitled to refunds, credits, or appeals except in our sole discretion.

Enforcement decisions are not subject to judicial review for "cause" — we operate the Marketplace at our discretion and may decline to host any User.

10. Cooperation with Victims, Law Enforcement & Lawful Process

PNW Cutters Xchange does not investigate, prosecute, or adjudicate fraud or other disputes. We are a venue. We do not promote, condone, or facilitate fraud. When a User is harmed by another User's conduct on the Marketplace, we will, to the extent we have retained the relevant records and to the extent permitted by law:

• Preserve records (listing snapshots, message logs, account metadata, IP and timestamp logs) consistent with our retention practices;
• Provide pertinent information to the victim that is reasonably necessary to support a civil action, small-claims filing, or law-enforcement report — including listing content, publicly-displayed contact information, and the offending party's stated identity as it appeared on the Site;
• Respond to lawful process — subpoenas, court orders, search warrants, and law-enforcement requests — issued under the Stored Communications Act, 18 U.S.C. §§ 2701–2712; RCW 9.73; or other applicable authority.

Disclosure to victims is provided to support lawful remedies, not to enable self-help or retaliation. By using the Site, you consent to the disclosure of your account information, Content, and activity to (i) victims who present a credible report of fraud or misconduct, (ii) law-enforcement officers, (iii) regulatory agencies, and (iv) parties to civil litigation pursuant to valid legal process. PNW Cutters Xchange is not a party to any resulting proceeding and assumes no duty to authenticate the requesting party beyond reasonable diligence.

Report abuse to abuse@pnwcx.com with: (a) the listing URL or ID, (b) screenshots of the listing and communications, (c) payment records, (d) tracking records, and (e) a brief description of the harm.

11. DMCA Notice & Takedown (17 U.S.C. § 512)

PNW Cutters Xchange complies with the Digital Millennium Copyright Act and qualifies for the safe harbor under 17 U.S.C. § 512.

Designated Copyright Agent:
PNW Cutters Xchange — DMCA Agent
Yelm, Washington, USA
Email: dmca@pnwcx.com

To submit a takedown notice, provide the elements required by 17 U.S.C. § 512(c)(3): identification of the work, identification of the infringing material with URL, your contact information, a statement of good-faith belief, a statement under penalty of perjury of accuracy and authority, and a physical or electronic signature.

We will respond to valid notices by removing or disabling the material and notifying the User who posted it. Counter-notices under 17 U.S.C. § 512(g) may be submitted to the same Agent. Repeat infringers will be terminated.

12. User Content & License

You retain ownership of Content you post. By posting Content, you grant PNW Cutters Xchange a non-exclusive, royalty-free, worldwide, sublicensable, transferable license to host, store, reproduce, modify (for technical purposes such as resizing), display, and distribute that Content for the purpose of operating, promoting, and improving the Site. This license survives termination only as necessary to maintain historical records and comply with legal obligations.

You represent that you own or have all necessary rights to the Content you post and that the Content does not violate any law or third-party right.

13. Intellectual Property

All Site design, branding, logos, code, original photography (excluding User-posted listings), and editorial content are the property of PNW Cutters Xchange or its licensors. You may not reproduce, distribute, scrape, frame, or create derivative works from Site content without prior written permission.

14. Privacy

We collect minimal data necessary to operate the Site. We do not sell User data. Contact information you include in a Marketplace listing is public at your election; by including it, you consent to its display. See our Privacy Policy for retention, cookies, account-data handling, and your rights.

15. Insurance Recommendation

We strongly recommend that sellers, dealers, hobbyists, and collectors obtain appropriate coverage for gemstone and lapidary inventory. Jewelers Mutual Insurance Group is a leading U.S. specialty insurer for jewelers, gemologists, and lapidary professionals, with coverage available for inventory in transit, at shows, in home workshops, and during shipping. See jewelersmutual.com.

PNW Cutters Xchange is not affiliated with, endorsed by, or compensated by Jewelers Mutual. This is informational only. Evaluate any provider independently.

16. Tribal Sovereignty Acknowledgment

PNW Cutters Xchange operates within the ancestral and treaty-protected territory of the Coast Salish peoples. We respect the sovereignty of federally recognized tribes and the cultural, ceremonial, and legal protections that attach to certain materials. Listings of items subject to tribal law — including but not limited to objects covered by the Native American Graves Protection and Repatriation Act (25 U.S.C. § 3001 et seq.) and tribally protected cultural items — are prohibited.

17. No Warranty

The Site, all Content, and all services are provided "as is" and "as available" without warranty of any kind, express, implied, or statutory. To the maximum extent permitted by law, PNW Cutters Xchange expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranties arising from course of dealing, course of performance, or usage of trade, including those implied under RCW 62A.2-314 and RCW 62A.2-315, which are disclaimed in accordance with RCW 62A.2-316.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or legality of any User Content or listing.

No oral or written information provided by PNW Cutters Xchange or its representatives shall create a warranty not expressly stated in these Terms.

18. Assumption of Risk

You acknowledge that gemstone and lapidary commerce involves inherent risks — including misidentification, undisclosed treatments, counterfeit material, and valuation disputes. You voluntarily and knowingly assume all such risks when using the Community Marketplace.

19. Release

To the maximum extent permitted by law, you release and discharge PNW Cutters Xchange from any claim, demand, or damage (actual or consequential) of every kind and nature — known or unknown — arising out of or connected with any dispute between you and another User, whether on or off the Site.

If you are a resident of a jurisdiction that purports to limit such a release (such as California Civil Code § 1542 — which is not Washington law but is included for the avoidance of doubt), you expressly waive any such limitation.

20. Indemnification

You agree to indemnify, defend, and hold harmless PNW Cutters Xchange, its owner(s), operators, affiliates, agents, contractors, and successors from any claim, demand, liability, damage, loss, judgment, settlement, or expense (including reasonable attorneys' fees and costs) arising from or related to: (a) your use of the Site; (b) any Content you post; (c) your violation of these Terms; (d) your violation of any law or any third party's rights; (e) any transaction or communication with another User; or (f) any misrepresentation made by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate.

21. Limitation of Liability

To the maximum extent permitted by law, in no event shall PNW Cutters Xchange, its owner(s), operators, affiliates, agents, or contractors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost data, loss of goodwill, business interruption, or loss of stones, money, or other property — whether arising in contract, tort (including negligence), strict liability, or any other theory, and whether or not we have been advised of the possibility of such damages.

Our aggregate liability to you for any and all claims arising out of or related to these Terms or the Site shall not exceed the greater of (a) one hundred U.S. dollars ($100.00) or (b) the amount you paid directly to PNW Cutters Xchange in the twelve (12) months preceding the claim.

The parties acknowledge that this limitation is an essential basis of the bargain and that the Site would not be provided without it.

Carve-outs. Nothing in this Section limits liability that cannot be limited by law, including liability for gross negligence, willful misconduct, or fraud by PNW Cutters Xchange.

22. Time Limit on Claims

Any claim arising out of or related to these Terms or your use of the Site must be filed within one (1) year after the claim accrued. Claims not filed within that period are permanently barred.

This limitation does not apply where prohibited by law.

23. Termination

We may terminate or suspend your access to the Site at any time, with or without cause, with or without notice, in our sole discretion. Upon termination, your right to use the Site ceases immediately. Sections that by their nature should survive termination (including 1, 3, 5–14, 17–22, 24, 25, 27, 28, and 29–34) shall survive.

You may stop using the Site at any time. Closing an account does not affect rights or obligations that accrued before closure.

24. Dispute Resolution — Binding Arbitration & Class-Action Waiver

Read this Section carefully. It affects your legal rights.

24.1 Informal Resolution.

Before filing any formal claim, the parties agree to attempt to resolve the dispute informally by sending a written Notice of Dispute to legal@pnwcx.com describing the claim and the relief sought. The parties shall negotiate in good faith for thirty (30) days before initiating arbitration or litigation.

24.2 Binding Arbitration.

Except for the Excluded Claims in Section 24.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Site shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in Thurston County, Washington, or by remote/online proceeding at the consumer's election. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

24.3 Class-Action And Jury-Trial Waiver.

You and PNW Cutters Xchange waive any right to a trial by jury and waive any right to participate in a class, collective, or representative action. Claims may be brought only in an individual capacity. The arbitrator may not consolidate claims of more than one person or preside over any form of representative or class proceeding.

24.4 Excluded Claims.

The following are excluded from mandatory arbitration and may be brought in court:

• Small-claims actions within the jurisdictional limits of small-claims court;
• Claims for injunctive or equitable relief to prevent or stop infringement, unauthorized use, or breach of Sections 12, 13, or 8;
• Claims by either party to enforce intellectual-property rights;
• Claims that cannot be required to be arbitrated under applicable law, including (where applicable) certain Washington Consumer Protection Act claims; and
• Actions by state Attorneys General or other public enforcement authorities.

24.5 Opt-Out.

You may opt out of this arbitration agreement by sending a written notice to legal@pnwcx.com within thirty (30) days of first accepting these Terms, stating your name, the email associated with your account, and a clear statement that you decline arbitration. Opting out does not affect any other provision of these Terms.

24.6 Costs.

AAA filing and arbitrator fees shall be allocated as provided in the AAA Consumer Rules. Each party bears its own attorneys' fees except as otherwise required by law.

24.7 Severability Of Arbitration Provision.

If the class-action waiver is found unenforceable as to a particular claim, that claim shall be severed and resolved in court; the remainder of this Section 24 shall remain in force.

25. Governing Law & Venue

These Terms are governed by the laws of the State of Washington, U.S.A., without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any claim not subject to arbitration under Section 24, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Thurston County, Washington, consistent with RCW 4.12.020 and RCW 4.12.025, and waive any objection to that venue, including any claim of inconvenient forum.

26. Force Majeure

PNW Cutters Xchange is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, internet or utility outage, cyberattack, fire, flood, earthquake, or labor disruption.

27. Assignment

PNW Cutters Xchange may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer your rights or obligations without our prior written consent; any attempted assignment without consent is void.

28. Notices

We may give notice by posting to the Site, by email to the address associated with your account, or by certified U.S. mail. Notices to us must be sent to legal@pnwcx.com and, for legal process, by certified mail, return receipt requested, to PNW Cutters Xchange, Yelm, Washington. Email is not sufficient for service of process; certified mail or personal service is required.

29. Entire Agreement

These Terms, together with the Privacy Policy and any policies expressly incorporated by reference, constitute the entire agreement between you and PNW Cutters Xchange regarding the Site and supersede all prior or contemporaneous communications, representations, or agreements. No oral or written representation outside these Terms shall modify them.

30. Severability & Reformation

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to be enforceable and to preserve its intent. If modification is not possible, the provision shall be severed; all remaining provisions remain in full force.

31. No Waiver

No failure or delay in exercising any right under these Terms is a waiver. No waiver is effective unless in writing and signed by an authorized representative of PNW Cutters Xchange.

32. Headings; Interpretation

Section headings are for convenience only and do not affect interpretation. The terms "including," "include," and "such as" are illustrative, not limiting.

33. Modifications

We may modify these Terms at any time. Material changes will be announced by (a) updating the "Last updated" date, (b) posting a notice on the Site for at least thirty (30) days, and (c) for registered Users, sending an email to the account address. Continued use after the effective date of a change constitutes acceptance. If you do not agree, your sole remedy is to stop using the Site.

34. Contact & Legal Process

• General inquiries: info@pnwcx.com
• Abuse / fraud reports: abuse@pnwcx.com
• Account security: security@pnwcx.com
• DMCA / copyright: dmca@pnwcx.com
• Legal process (subpoenas, court orders, service): legal@pnwcx.com with hard copy by certified mail to PNW Cutters Xchange, Yelm, Washington.

This document does not constitute legal advice. PNW Cutters Xchange recommends consulting a licensed attorney for questions about your rights and obligations as a buyer or seller of gemstones and lapidary materials.