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By accessing
or using the USDiamondSearch.com, you agree
to be bound by the terms and conditions
of this agreement. If you do not wish to
be bound by this agreement, you may not
legally access or use the information provided
on the USDiamondSearch.com.
The USDiamondSearch.com
may modify this agreement at any time, and
such modification shall be effective immediately
upon either posting of the modified agreement
or notifying you. You agree to review this
agreement periodically to ensure that you
are aware of any modifications. Your continued
access or use of the USDiamondSearch.com
shall be deemed your conclusive acceptance
of the modified agreement.
1. DISCLAIMER
The information
contained in USDiamondSearch.com is presented
for the purpose of educating users on the
benefits of manners and etiquette. All information
provided is for educational purposes only
and the USDiamondSearch.com cannot be held
liable for any damages, both financially
and emotionally, incurred as a result of
following recommendations for proper behavior
in both social and business environments.
The information
contained in USDiamondSearch.com is compiled
from a variety of sources and therefore
we cannot guarantee the validity of all
information contained on this site.
The USDiamondSearch.com
services and the USDiamondSearch.com software
and information accessed through the USDiamondSearch.com
(the "services") are provided
"as is" without warranty, express
or implied. The USDiamondSearch.com hereby
excludes all implied warranties of merchantability
and fitness for a particular use or purpose
with respect to the services. There are
no warranties that extend beyond the description
on the face of this agreement. The USDiamondSearch.com
make no warranty as to the reliability,
accuracy, timeliness, usefulness, adequacy,
completeness or suitability of the services.
The USDiamondSearch.com cannot and does
not warrant against human and machine errors,
omissions, delays, interruptions or losses,
including loss of data. The USDiamondSearch.com
does not warrant or guarantee that the functions
or services performed in USDiamondSearch.com
will be uninterrupted or error-free or that
defects in USDiamondSearch.com will be corrected.
Users of the USDiamondSearch.com are responsible
for (1) implementing and maintaining adequate
procedures and checkpoints to satisfy their
particular requirements for accuracy of
data input and output and (2) maintaining
a means external to the USDiamondSearch.com
for the reconstruction of any lost data.
2. LICENSES,
IDEA & TIP SUBMISSIONS
You agree to
grant to USDiamondSearch.com a non-exclusive,
worldwide, royalty-free, perpetual license,
with the right to sublicense, to reproduce,
distribute, transmit, create derivative
works of, publicly display and publicly
perform any materials and other information
(including, without limitation, ideas contained
therein for new or improved products or
services) you submit to public areas of
USDiamondSearch.com (such as tip requests)
by all means and in any media now known
or hereafter developed. You hereby waive
your moral rights in any such materials
and information, and you hereby warrant
that any such materials and information
are original with you, or that you have
the right to submit such materials and information.
You agree that you shall have no recourse
against USDiamondSearch.com for any alleged
or actual infringement or misappropriation
of any proprietary right in your communication
to us.
3. OTHER SITES
You are encouraged
to use discretion while browsing the Internet
on searches initiated at USDiamondSearch.com.
USDiamondSearch.com links may lead unintentionally
to sites containing information that some
people may find inappropriate or offensive.
It may also lead to sites that contain inaccurate
information, false or misleading advertising,
or information that violates copyright,
libel or defamation laws. The USDiamondSearch.com
makes no representations concerning any
effort to review all of the content of sites
listed in its catalog.
4. REVIEW OF
POSTINGS & UPLOADS
USDiamondSearch.com
cannot review all communications and materials
posted or uploaded to USDiamondSearch.com
and therefore is not responsible for the
content of these communications and materials.
However, USDiamondSearch.com reserves the
right to block or remove communications
or materials that it determines, in its
sole discretion, to be (a) abusive, libelous,
defamatory or obscene, (b) fraudulent, deceptive,
or misleading, (c) in violation of a copyright
or trademark, other intellectual property
right of another or (d) offensive or otherwise
unacceptable to USDiamondSearch.com.
5. LIMITED
LICENSE
By this Agreement,
the USDiamondSearch.com grants, subject
to the terms of this Agreement, only a limited,
non-transferable and non-exclusive license
to use the software and documentation necessary
to access, explore and otherwise use USDiamondSearch.com
in real time and to use the materials in
USDiamondSearch.com in a manner consistent
with paragraph 11 (Copyright) below.
6. USER'S AGREEMENT
You agree to:
(a) maintain all equipment required for
your access to and use of USDiamondSearch.com;
(b) maintain the security of your user identification,
password and other confidential information
relating to your USDiamondSearch.com account;
and (c) be responsible for all charges resulting
from use of your USDiamondSearch.com account,
including unauthorized use prior to your
notifying the USDiamondSearch.com of such
use and taking steps to prevent its further
occurrence by changing your password.
7. ONLINE COMMUNICATIONS
7.01 Your participation
in on-line communications occurs in real
time and is not edited, censored, or otherwise
controlled by USDiamondSearch.com. USDiamondSearch.com
cannot and does not screen content provided
by you to USDiamondSearch.com. Notwithstanding
the foregoing, USDiamondSearch.com reserves
the right to monitor content on USDiamondSearch.com
and to remove content, which USDiamondSearch.com,
in its sole discretion, determines to be
harmful, offensive, or otherwise in violation
of this Agreement.
7.02 You may send and receive electronic
mail ("email"), engage in conferences
and chats, download and upload files and
otherwise use USDiamondSearch.com as permitted
by this Agreement's operating policies and
applicable law. Files that you upload, public
messages that you send and your activity
in conferences and chats are subject to
review, modification and deletion without
notice by the forum manager responsible
for the USDiamondSearch.com area where your
uploading or other activity takes place
(or by an individual designated by such
forum manager for such purpose). USDiamondSearch.com
operating policies relating to online conduct,
storage and deletion of email and uploaded
files, conferences and other matters are
available and/or will be made available
online. USDiamondSearch.com reserves the
right in its sole discretion to change such
policies at any time. Files uploaded to
our server may be subject to posted limitations
on usage, reproduction and/or dissemination,
and you are responsible for adhering to
such limitations if you download them.
7.03 You are
responsible for your communications and
your use of USDiamondSearch.com. You may
not, under any circumstances, do any of
the following: (a) use simultaneous, unattended
or continuous connections to USDiamondSearch.com
with one account; (b) post or transmit any
message which is libelous or defamatory;
(c) post or transmit any message, data,
image or program which is indecent, obscene
or pornographic; (d) post or transmit any
message, data, image or program that would
violate the property rights of others, including
unauthorized copyrighted text, images or
programs, trade secrets or other confidential
proprietary information, and trademarks
or service marks used in an infringing fashion;
(e) use USDiamondSearch.com to threaten,
harass, stalk, abuse, or otherwise violate
the legal rights (including rights of privacy
and publicity) of others; (f) intercept
or attempt to intercept email or other private
communications not intended for you; (g)
send email to Users or other Internet users
for any purpose other than personal communication,
including to advertise or offer to unsolicited
sell goods or services to other Users, use
as a mass unsolicited distribution medium
to communicate a generally unsolicited message,
or use your email account as an address
to which Users or other Internet users need
to respond (except as otherwise expressly
permitted by USDiamondSearch.com); (h) send
unsolicited email messages through third-party
mail servers in order to relay your email
or hide the origination of your email to
others; (i) upload or download files that
contain software or other material protected
by intellectual property laws, rights of
privacy or publicity, or any other applicable
law unless you own or control the rights
to such files or have received all necessary
consents; (j) upload files that contain
a virus or corrupted data; (k) delete any
author attributions, legal notices or proprietary
designations or labels in a file that you
upload to a BBS or USDiamondSearch.com;
(l) falsify the source or origin of software
or other material contained in a file that
you upload to a BBS or USDiamondSearch.com;
(m) use USDiamondSearch.com in a manner
that adversely affects the availability
of its resources to other Users; (n) use,
download or otherwise copy, or provide (whether
or not for a fee) to a person or entity
that is not a subscriber to USDiamondSearch.com
the User directory or any portion thereof
other than for personal, noncommercial purposes
; (o) falsely purport to be an employee
or agent of USDiamondSearch.com (p) cause
repeated disruptive incidents; or (q) act,
or fail to act, in your use of USDiamondSearch.com,
in a manner that is contrary to applicable
law or regulation. In addition, you may
not post or transmit any message which is
harmful, threatening, abusive or hateful.
It is not the intent of the USDiamondSearch.com
to discourage Users from taking controversial
positions or expressing vigorously what
may be unpopular views in USDiamondSearch.com,
nonetheless, USDiamondSearch.com reserves
the right to take such action as it deems
appropriate in cases where USDiamondSearch.com
is used to disseminate statements which
are deeply and widely offensive and/or harmful.
Each time you upload a file on USDiamondSearch.com,
you represent and warrant that you own or
otherwise control the rights or have the
necessary consents to do so, and you grant
every other User the right to download and
use such file. Your failure to observe any
of the foregoing limitations or obligations
may result in civil or criminal liability.
8. PRIVACY
POLICY
USDiamondSearch.com
takes online information security and user
privacy extremely seriously. Please see
our Privacy Statement
for a detailed description of our information
gathering and dissemination practices for
the USDiamondSearch.com.
9. USER REPRESENTATIONS
You represent
and warrant that you are at least 18 years
of age and that you possess the legal right
and ability to enter into this Agreement
and to use USDiamondSearch.com in accordance
with this Agreement. You agree to be financially
responsible for your use of USDiamondSearch.com
(as well as for use of your account by others,
including minors living with you) and to
comply with your responsibilities and obligations
as stated in this Agreement.
10. CONTENT
Statements
made in websites, newsgroups, message boards,
email, forums, conferences and chats reflect
only the views of their authors. Forum managers,
forum hosts, CPs, or Merchants appearing
on USDiamondSearch.com are not authorized
USDiamondSearch.com spokespersons, and their
views do not necessarily reflect those of
the USDiamondSearch.com.
11. COPYRIGHT
The entire
contents of USDiamondSearch.com are copyrighted
as a collective work under the laws of United
States and other copyright laws. USDiamondSearch.com
holds the copyright in the collective work.
You may display and, subject to any expressly
stated restrictions or limitations relating
to specific material, download portions
of the material from the different areas
of USDiamondSearch.com solely for your own
non-commercial use, unless otherwise permitted
(e.g., in the case of electronic coupons,
etc). Any redistribution retransmission
or publication of any copyrighted material
is strictly prohibited without the express
written consent of the copyright owner.
You agree not to change or delete any proprietary
notices from materials downloaded from USDiamondSearch.com.
12. INDEMNIFICATION
You agree to
indemnify, defend and hold harmless USDiamondSearch.com,
its officers, directors, employees, agents,
information providers and suppliers from
and against all losses, expenses, damages
and costs, including reasonable attorney's
fees, resulting from any violation of this
agreement or any activity related to your
account (including infringement of third
parties' worldwide intellectual property
rights or negligent or wrongful conduct)
by you or any other person accessing USDiamondSearch.com
using your service account.
13. WAIVER,
RELEASE AND LIMITATION OF LIABILITY
You agree that
neither USDiamondSearch.com, nor its officers,
directors, employees, agents, information
providers or suppliers shall have any liability
to you under any theory of liability or
indemnity in connection with your use of
USDiamondSearch.com. You hereby release
and forever waive any and all claims you
may have against USDiamondSearch.com, its
officers, directors, employees, agents,
information providers or suppliers (including
but not limited to claims based upon the
negligence of USDiamondSearch.com, its officers,
directors, employees, agents, information
providers or suppliers) for losses or damages
you sustain in connection with your use
of USDiamondSearch.com.
Notwithstanding
the foregoing paragraph, the total liability
of USDiamondSearch.com, its officers, directors,
employees, agents, information providers
and suppliers, if any, for losses or damages
shall not exceed the fees paid by the user
for the particular information or service
provided. In no event shall USDiamondSearch.com,
its officers, directors, employees, agents,
information providers or suppliers be liable
to you for any losses or damages other than
the amount referred to above. All other
damages, direct or indirect, special, incidental,
consequential or punitive arising from any
use of the information or other parts of
USDiamondSearch.com are hereby excluded
even if USDiamondSearch.com its officers,
directors, employees, agents, information
providers or suppliers have been advised
of the possibility of such damages.
14. THIRD PARTY
RIGHTS
The provisions
of paragraphs 12 (Indemnification) and 13
(Waiver, Release and Limitation of Liability)
are for the benefit USDiamondSearch.com
and its officers, directors, employees,
agents, licensors, suppliers, and Information
Providers. Each of these individuals or
entities shall have the right to assert
and enforce those provisions directly against
you on its own behalf.
15. TERM; TERMINATION
Either you
or the USDiamondSearch.com may terminate
your right to use USDiamondSearch.com at
any time, with or without cause, upon notice.
The USDiamondSearch.com also reserves the
right to terminate or suspend your USDiamondSearch.com
membership without prior notice, but USDiamondSearch.com
will confirm such termination or suspension
by subsequent notice. The provisions of
paragraphs 2 (License, and Idea Submission),
11 (Copyright), 12 (Indemnification), 13
(Waiver, Release and Limitation of Liability),
14 (Third Party Rights), and 16(Miscellaneous)
shall survive any termination of this Agreement.
16. MISCELLANEOUS
This Agreement
shall be governed by and construed in accordance
with the laws of the State of California.
You agree that any legal action or proceeding
between USDiamondSearch.com and you for
any purpose concerning this Agreement or
the parties' obligations hereunder shall
be brought exclusively in a court of competent
jurisdiction sitting in the city of Laguna
Beach, California, United States. Any cause
of action or claim you may have with respect
to USDiamondSearch.com must be commenced
within one (1) year after the claim or cause
of action arises. The USDiamondSearch.com's
failure to insist upon or enforce strict
performance of any provision of this Agreement
shall not be construed as a waiver of any
provision or right. Neither the course of
conduct between the parties nor trade practice
shall act to modify any provision of this
Agreement. USDiamondSearch.com may assign
its rights and duties under this Agreement
to any party at any time without notice
to you.
17. NOTICE
The USDiamondSearch.com
may deliver notice to you under this Agreement
by means of electronic mail, a general notice
on USDiamondSearch.com, or by written communication
delivered by first class U. S. mail to your
address on record in USDiamondSearch.com's
account information database. You may give
notice any time to the USDiamondSearch.com
via electronic mail or by letter delivered
by first class postage prepaid U. S. mail
or overnight courier to the following address:
USDiamondSearch.com
Inc.
P.O. Box 7404
Laguna Niguel CA. 92677
Attention:
Legal Affairs Director
Electronic
Mail: termsofuse@USDiamondSearch.com
18. SEVERABILITY
The provisions
of this Agreement are severable, and in
the event any provision hereof is determined
to be invalid or unenforceable, such invalidity
or unenforceability shall not in any way
affect the validity or enforceability of
the remaining provisions hereof.
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