Updated: May 9, 2013
Company reserves the right at any time to:
- Change the Website, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, promotion, data on or feature of the Website; or
- Change any fees or charges in connection with the use of the Website or the Products offered for sale on the Website.
- 1. Materials. The information and materials provided through the Website, including without limitation, any Coronet Diamonds data, text, graphics, images, audio and video clips, logos, icons, software and/or links (collectively, the “Materials”) are intended to educate and inform you about our business and Coronet Diamonds. You may not download, copy or print any of the Materials on the Website without the written consent of Company. Although Company strives to provide Materials that are both useful and accurate, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although Company endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. In addition, portions of the Materials may have been contributed to the Website by various third parties and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers or their products and services, and Company expressly disclaims any liability with respect to the foregoing.
- You are entirely responsible for maintaining the confidentiality of your LOG IN EMAIL ADDRESS and password and for any and all activities (INCLUDING USE OF THE SERVICES ON THIS WEBSITE, AS APPLICABLE) that ARE CONDUCTED through THE USE OF YOUR LOG IN EMAIL ADDRESS AND PASSWORD.
- 3. Code of Conduct. While using the Website and/or Materials you agree not to:
- Restrict or inhibit any other user from using the Website or the Materials, including without limitation, by means of “hacking” or defacing any portion of the Website;
- Use the Website or Materials for any unlawful purpose or in any manner not intended by Company or as contemplated herein and on the Website;
- While using the Website, engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior;
- Institute an attack upon any server used in connection with the Website or any portion thereof or otherwise attempt to disrupts such servers;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Knowingly transmit: (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Website or Materials;
- Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Website or Materials;
- Link the Website or any content thereon to any third party website or portion thereof that contains any gaming, pornographic, obscene, vulgar, illegal or otherwise objectionable or questionable content;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; or
- Harvest or collect information about Website users without their express consent.
While using the Website or Materials, you agree to comply with all applicable laws, rules and regulations.
4. Third Parties. Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Company is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Company or any of its employees, officers, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Company encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Company works to ensure the information on the Website is current and accurate, Company does not warrant the accuracy of any information contained on the Website or its fitness for any particular purpose.
5. Compliance with Applicable Laws. Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
- 6. Acknowledgements. The information obtained pursuant to this Section will only be used for the purpose of identifying persons or entities not in compliance or believed by Company to not be in compliance with this Agreement and any and all other Company rules, policies, notices and/or agreements. You hereby agree and acknowledge that: (a) Company has the right to obtain without notification to you certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification; (b) Company has the right to obtain without notification to you non-personal information from your connection to the Website for demographic purposes; and (c) Company has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including, but not limited to, your computer’s random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use “hacks.”
- 10. Submissions. We welcome your comments regarding Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Company shall be and remain the exclusive property of Company. Your submission of any such comments shall constitute an assignment to Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
- 11. Colors. We have done our best to display as accurately as possible the colors of the products shown on Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
- 12. Correction of Errors and Inaccuracies; Limitations on Quantity; Returns; Risk of Loss. We do not offer additional discounts on large orders of a single item or on large orders of many individual items. We reserve the right to limit quantities. If you are not fully satisfied with your purchase you may return it with the original packing receipt within 30 days of the order date. Sales are made by Company. The risk of loss and title to items pass to the purchaser upon delivery.
- 13. Jurisdictional Issues/ Restriction to the United States of America and its territories. We make no representation that Materials available on or through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Website and/or the provision of any service or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. The Website and any products and/or any services related to Coronet Diamonds are available only for users and/or customers in the United States of America and its territories.
- 14. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement and/or your access to and use of the Website or any portion thereof or any activity provided thereon, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall destroy all Materials obtained from the Website and all copies thereof, whether made under the terms of this Agreement or otherwise.
- 15. Disclaimers. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY AND ITS AFFILIATES, LICENSORS, CUSTOMERS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE (OR ANY PART THEREOF INCLUDING THE MATERIALS AND SUBMISSIONS), THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND MATERIALS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, CUSTOMERS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND ANY MATERIALS AND SERVICES PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK. A possibility exists that the Website (including the Materials, submissions, forums, software and all other information or materials on or accessible from the Website) could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Website. Although we attempt to ensure the integrity of the Website, we make no guarantees as to the Website’s completeness or correctness. In the event that a situation arises in which the Website’s completeness or correctness is in question, please contact us at info@coronetDiamonds.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
- 16. Limitation of Liability. COMPANY NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR MATERIALS CONTAINED ON THE WEBSITE, THE MATERIALS, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THIRD PARTIES APPEARING ON THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, MATERIALS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, MATERIALS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MATERIALS AND CONTENT ON THE WEBSITE.
- 17. Indemnification. You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any submission or other materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your use of the Website.
- 18. Questions. The Website is provided by Coronet Diamonds. If you have any questions, comments or complaints regarding this Agreement or the Website, feel free to contact us at info@coronetDiamonds.com.
- 19. Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
- 21. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sub licensable by you except with Company’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
EMAIL – Customerservice@coronetdiamonds.com