These terms and conditions apply to the My Diamond Obsession Web site located at www.mydiamondobsession.com, and all associated Web sites linked to www.mydiamondobsession.com by My Diamond Obsession, its subsidiaries and affiliates, including My Diamond Obsession sites around the world (collectively the “Site”). Please read these terms and conditions (the “Terms and Conditions”) carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. These Terms and Conditions govern your use of, and any purchase from, the My Diamond Obsession Site, and constitute an agreement between you and My Diamond Obsession.
We purchase items sold on the Site from trusted suppliers and, therefore, are dependent upon them for delivery and availability of the items sold on the Site. Sometimes, an item may go out of stock before we are able to post a notification on the Site or we may not otherwise be able to procure an item listed on the Site. In this event, we reserve the right to cancel the order. We may attempt to contact you to discuss alternative or the expected delivery date. Please contact My Diamond Obsession at the contact information provided below with any question related to our inventory.
Typographical and Other Errors in Pricing
Data, including prices, may be inaccurately displayed on our Site due to system, typographical or other errors, including errors in pricing information received from our suppliers. We reserve the right to correct any and all errors when they do occur. We do not honor inaccurate or erroneous prices. Rather, if a product is listed at an incorrect price, we reserve the right, in our sole discretion, to cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We do not negotiate prices on our products and all our prices are final.
Information on our Site
We make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs. Any number of variables may affect, however, the color and size of the display, including the quality or settings of your computer monitor. Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item.
On the Site, we provide the measurement of our products based on manufacturing specifications received from our suppliers. We rely on our suppliers for information related to sizing and, therefore, we are not responsible for inaccuracies in size based upon information provided from these suppliers. Slight tolerances may be accounted for based on finishing during the manufacturing.
Additionally, under applicable law, items may vary in total weight and other measurements. Carat total weight in all purchases may vary 0.05 carats from stated weight in compliance with FTC standards. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed.
For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.
Any item we ship to you may include a diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly-respected diamond laboratories – making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee the certificate.
The Site and all content and other materials, including, without limitation, the My Diamond Obsession logo, the virtual Jewelry Box, and all designs, text, graphics, pictures, selection, coordination, “look and feel,” information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of My Diamond Obsession or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
My Diamond Obsession, the entire Site (including text, design, graphics, interfaces, or code, and the selection and arrangement thereof), and any other product or service name or slogan contained in our Site are trademarks or registered trademarks of My Diamond Obsession and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written consent of My Diamond Obsession or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “My Diamond Obsession” or any other name, trademark, or product or service name of My Diamond Obsession without our prior written consent. All other trademarks, registered trademarks, product names, and My Diamond Obsession names or logos mentioned in our Site are the property of their respective owners.
Use of the Site
Unless otherwise specified, the Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, to place an order with My Diamond Obsession, or to purchase My Diamond Obsession products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of My Diamond Obsession, is strictly prohibited.
Harassment in any form on the Site is strictly prohibited, including via e-mail or by obscene or abusive language. Impersonation of others, including an employee of My Diamond Obsession, host, or representative or other members or visitors on the Site is prohibited. The Site may note be used for unsolicited promotions, political campaigning, advertising or solicitations.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, My Diamond Obsession will investigate any notices of alleged infringement of any third party’s intellectual property and will take appropriate action under the DMCA and other applicable intellectual property laws, including, at My Diamond Obsession’s sole discretion, barring repeat offenders from using the Site. Please send any notice of potential infringement to My Diamond Obsession at the contact information provide below.
Third Party Links
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with My Diamond Obsession, My Diamond Obsession has no control over these linked sites, all of which may have separate and independent privacy and data collection practices. My Diamond Obsession has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that My Diamond Obsession sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Sites.
Advertisements and Promotions
My Diamond Obsession may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than My Diamond Obsession, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. My Diamond Obsession is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-My Diamond Obsession advertisers on our Site.
Product Reviews and User Content
Our Site may include a product review feature and may include discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any message, data, information, text, music, sound, photos, video, graphics, code or other material (“User Content”) which is libelous, defamatory, obscene, abusive, inflammatory, fraudulent, threatening, invasive of privacy or publicity rights, illegal or objectionable, which may constitute or encourage a criminal offense, which includes viruses, corrupted dated or other harmful files, or which otherwise violates these Terms and Conditions.
Ownership and Responsibility for Submissions
My Diamond Obsession takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. As a provider of interactive services, My Diamond Obsession is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. My Diamond Obsession has the right but not the obligation to monitor and edit or remove any activity or content
If you do post content or submit material, and unless we indicate otherwise, you grant My Diamond Obsession a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant My Diamond Obsession and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify My Diamond Obsession for all claims resulting from content you supply.
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. My Diamond Obsession reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You agree to defend, indemnify and hold harmless My Diamond Obsession, its independent contractors, service providers, licensors, suppliers and consultants, and their respective directors, officers, employees, agents and equity holders, from and against any claims, losses, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any violation of these Terms and Conditions or any activity related to your use of the Site (including negligent or wrongful conduct).
Disclaimer of Warranty
THIS SITE, THE CONTENT CONTAINED THEREIN, AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH, INCLUDING ANY SOFTWARE (THE “PRODUCTS AND SERVICES”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MY DIAMOND OBSESSION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, IN EACH CASE, AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. MY DIAMOND OBSESSION DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, ADEQUATE, USEFUL, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY TO THE EFECT THEREOF. MY DIAMOND OBSESSION DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL MY DIAMOND OBSESSION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR EQUITY HOLDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MY DIAMOND OBSESSION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MY DIAMOND OBSESSION’S RECORDS, PROGRAMS OR SERVICES.
Applicable Law and Venue
These Terms and Conditions and your use of this Site will be governed by and construed in accordance with the laws of the State of Arkansas, applicable to agreements made and to be entirely performed within the State of Arkansas, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Benton or Washington County, Arkansas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from the Site, or these Terms and Conditions.
Modification and Notice
My Diamond Obsession reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. You are responsible for regularly viewing the Terms and Conditions, and your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications.
Term and Termination
Your right to use or access the Site and each portion of the Site shall automatically terminate upon a violation of these Terms and Conditions. Notwithstanding any of these Terms and Conditions to the contrary, My Diamond Obsession reserves the right, without notice, for any or no reason and in its sole discretion, to terminate your use this site or any portion of the Site (including the Interactive Areas) and to block or prevent future your access to and use of the Site or any portion of the Site. The provisions relating to Trademarks, Infringer Policy, Indemnification, Disclaimer of Warranty, Limitation of Liability, and Applicable Law shall survive any termination.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
If you have any questions, please do not hesitate to contact us at firstname.lastname@example.org or 855.899.6529.
Last Updated: October 24, 2011