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Terms of Use


Welcome to Mydiamondjeweler.com (‘My Diamond’, ‘we’, ‘us’ or ‘our’). My Diamond sells fine jewelry subject to the following Terms of Use Agreement (‘Agreement’). This Agreement is a legal agreement between you (‘person’ or ‘organization’) and My Diamond. By using the Site, you signify that you have read, understand, and agree to be bound by this Agreement and by our Privacy Policy. We, at our sole discretion, may modify these Terms of Use, and will post a copy of the amended Agreement to this Site. You are bound by any such updates or changes, and so you should periodically review the Terms of Use. You will be deemed to have accepted an amended Agreement if you purchase any product from My Diamonds or use any of our services after amendments are posted on this Site.
1. Authorized Users
  • Age; Authority. My Diamond sells products to people of all ages. If you are under 18 years old you may purchase products on our site only with the involvement of a parent or guardian. If you cannot comply or do not agree with these terms then do not attempt to purchase jewlery from My Diamond.
  • Registration. To purchase goods and to use services on our website you may register and provide information such as a member or user name, a password and a valid email address (‘Account Information’). You must provide accurate Account Information and update your Account Information when needed to keep it accurate. My Diamond will use your Account Information in accordance with our Privacy Policy.
  • Account Confidentiality; Account Cancellation. You are responsible for keeping you account confidential and secure. You must notify us immediately if there is any unauthorized use of your password or account. My Diamond will not be responsible for any loss or damage created by the unauthorized use of your user or member name, password or account. You agree to indemnify and hold My Diamond harmless for any improper, unauthorized or illegal uses of your user or member name, password or account. We reserve the right to terminate your account at any time. You also have the option of canceling your account at any time you desire.
  • Message Boards.  My Diamond takes no responsibility for the comments and posts of the users of the message boards on this Site. My Diamond retains the right to preserve and disclose any information disclosed on the message boards as necessary to satisfy the law, or to enforce the Terms of Use, to prevent and address fraud, or to protect My Diamond, its users, employees and the general public. My Diamond will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
  • License. My Diamond grants you a limited, non-exclusive, non-transferable license to use our website. My Diamond reserves all right, title and interest not expressly granted under this license to the fullest extent possible under all applicable laws. Any use of My Diamond not permitted under this agreement is strictly prohibited.

2. Products
  • Payments; Returns. We accept payment via Credit Card, Bank Wire Transfer, Paypal, Google Checkout and Bill Me Later. We offer a 30 day “no questions asked” return policy and we do not charge a restocking fee for returns. Products must be returned unaltered and accompanied by all the documentation received with the original purchase (diamond certificate, appraisal, etc). Any returned product missing a diamond certificate will be subject to a replacement fee of $175 for the missing diamond certificate.
  • Product Availability. After full payment for the product has been received by My Diamond, your order will be shipped within 5 working days. In the event that the product that you purchase is not available, we will contact you to discuss alternative options such as a refund.
  • Product Description. My Diamond makes reasonable efforts to accurately display all products on this site. The color capabilities of the monitor of your computer and the combination of colors displayed can affect the colors that are seen on your monitor. My Diamond does not represent that the pictures displayed on this website are completely accurate or error free.
3. Content of the Service
  • Third Party Content. My Diamond takes no responsibility for third-party material posted to the Site. My Diamond does not have any obligation to monitor such third-party material. My Diamond retains the right to access, view, preserve, and disclose any information as necessary to satisfy the law, or to enforce the Terms of Use, or to prevent and address fraud, or to respond to user support requests, or to protect My Diamond, its users and the general public. My Diamond will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
4. Intellectual Property Rights
  • My Diamond's Intellectual Property Rights. You acknowledge that My Diamond owns all right, title and interest in and to the Site, including without limitation all intellectual property rights. My Diamond intellectual property rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Site, including but not limited to its visual design or CSS/HTML code, without the express written permission of My Diamond.
5. General Information
  • We reserve the right to modify or terminate the Site for any reason, without notice at any time.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • The failure of My Diamond to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
  • If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should seek to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
  • This Agreement will be governed by the laws of the State of New York without regard to its conflict of law provisions. The exclusive jurisdiction for any claim, action or dispute with My Diamond will be in the state and federal courts of the State of New York.
Disclaimers
The My Diamond website and any upgrades and licensed content are licensed to you as is.  Any use of this website will be at your own risk.  To the maximum extent permitted by applicable law, My Diamond, its suppliers and its licensors disclaim all warranties, either express or implied.  My Diamond, its suppliers or its licensors make no representations or guarantees that the My Diamond website will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and My Diamond disclaims any liability relating thereto. My Diamond, its suppliers or its licensors make no guarantees, representations, or warranties that use or results of the use of the My Diamond website will be accurate, reliable, current, uninterrupted or without errors.  My Diamond, without prior notice, may modify, suspend, or discontinue this website.  Whenever My Diamond elects to modify, suspend, or discontinue this website, it will not be liable to you or any third party. You acknowledge that your submission of any information to My Diamond is at your own risk. My Diamond, its suppliers or its licensors do not in any way assume any liability to you with regard to any loss or liability relating to such information.
Limitation of Liability
My Diamond, its suppliers or its licensors will be liable in no event to you for indirect, general, special, incidental, consequential, exemplary or other damages even if My Diamond, its suppliers or its licensors have been advised of the possibility of such damages.  No oral or written information given by My Diamond, its suppliers, its licensors or others will create a warranty and neither you nor any third party may rely on any such information or advice.  Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
Indemnity
You will indemnify and hold My Diamond, its suppliers and its licensors harmless with respect to any suits or claims arising out of your breach of this Agreement.
 
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.


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