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Definition

"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexure, Privacy Policy and will include the references to this Agreement as amended, supplemented, varied or replaced from time to time.

Applicable Law

This website www.diamonddenterstore.com is created and controlled The Diamond Center of Tulsa, Oklahoma. As such the laws of The United States and The State of Oklahoma shall apply. The Diamond Center reserves the right to make changes to the site and the terms, conditions and disclaimers.

Eligibility

You represent and warrant that you are competent and eligible to enter into this legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this website if you are not competent to contract under the applicable laws, rules and regulations.

Changes or Modification of Terms and Policies

The Diamond Center may at any time modify the website, its terms, conditions, policies (pricing, privacy, product offers, refund, etc.), and disclaimers ("Terms") without any prior notification to you at its sole discretion.

Product Pricing

In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, The Diamond Center shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product. Prices and product availability are subject to change without notice.

Website Usage

You may not use this website for any of the following purposes:

Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Using the contents of this website in any manner that encourages conduct that constitutes a criminal result in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Interfering with any other person's use of the website
Breaching any applicable laws;
Making, copying or storing electronic copies of the materials protected by copyright without the permission of the owner.

Credit Card Transactions

You confirm and agree that the credit card details provided by you for availing of services on our website www.DiamondCenterStore.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to The Diamond Center, with any of the third parties unless required by law, regulation or court order. The Diamond Center will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. The Diamond Center and its associated acquiring bank or financial institution reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the website fraudulently. The Diamond Center and its associated acquiring bank or financial institution reserves the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or acts or omissions in breach of these terms and conditions.

The Diamond Center and its suppliers and licensor's expressly reserve all intellectual property rights in all text, products, content and other materials, which appear on this website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of The Diamond Center or any third party's intellectual property rights. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of The Diamond Center You may not modify, distribute or copy anything from this website for any purpose.

The Diamond Centers names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of The Diamond Center All other marks are the property of their respective proprietors. Access to this website does not authorize anyone to use any name, logo or mark in any manner. In the event of any unauthorized use or an attempt to use or claim any name, logo or mark in any manner by any person, the same shall be liable for strict action including an action for damages.

Indemnity

You agree to defend, indemnify and do hereby indemnify and hold harmless The Diamond Center., its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to The Diamond Center or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.

Waiver

No delay on the part of The Diamond Center in exercising any right or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of The Diamond Center of any right or privilege hereunder operate as a waiver of any other right or privilege hereunder.

Disclaimers And Limitations

The Diamond Center tries to ensure that content included in this website is correct, reputable and of high quality, however, it does not accept responsibility if this is not the case. The Diamond Center will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience from the products sold thru this website.

The Diamond Center makes no representations or warranties of any kind, express or implied, as to the usage of the information, content, products, included in our website. This disclaimer constitutes an essential part of this User Agreement.

The Diamond Center will not be liable for any damages of any kind arising from the use of this website or any of the products offered, including but not limited to direct, indirect, incidental, punitive and consequential damages.

To the fullest extent permitted under applicable law, The Diamond Center shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with our website, its services or this User Agreement.

Without prejudice to the generality of the section above, the total liability of The Diamond Center to you for all liabilities arising out of this Agreement be it in tort or contract is limited to the value of the product ordered by you.

Termination

This User Agreement is effective unless and until terminated by either you or The Diamond Center. You may terminate this User Agreement at any time by informing us in writing that you no longer wish to be associated with us thru our website, provided that you discontinue any further use of our website. The Diamond Center may terminate this User Agreement at any time and may do so immediately without notice. Such termination will be without any liability. Upon any termination of the User Agreement by either you or The Diamond Center, you must promptly destroy all materials downloaded from our website, as well as all copies of such materials, whether made under the User Agreement or otherwise. The Diamond Center has right to any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered or affect any liability that may have arisen under the User Agreement.

Arising Of Disputes

Any and all disputes of whatsoever nature arising out of this Agreement or the use of the website shall be referred to the sole arbitrator who shall be appointed by The Diamond Center.

Information Collected:

diamondcenterstore.com reserves the right to store the following basic information about you: your First Name, your Last Name, your Address, City, Zip code, State, Country, Phone Number and Contact E-mail address.

Your IP address is recorded each time you visit diamondcenterstore.com. Your IP address does not identify you personally. Recording your IP address helps us determine usage and traffic patterns, to calculate the number of visitors on our site and to know the geographic locations from where our visitors come. Any unauthorized person or organization and anyone not in our organization is not allowed to use the information collected from you.

Account Changes:

You can modify your personal details by accessing the “Update Preferences″ option anytime from our site.

Sharing Of Information:

The security and protection of our customer's personal information is our top priority and is especially important in our business of fine jewelery and diamonds. Sensitive information is scrambled and encoded through this technology to keep your information private. This is actually a moral stance for us. We believe that marketers and companies who sell or give away their customer's information have strayed from the ethical limits of their legitimate business practice. We strongly believe that it is unethical to sell customer information under any and all circumstances. To some extent, information has to be passed on to the courier companies, credit card processing companies, vendors, etc. to enable them to perform their functions related to your order fulfillment. Apart from this normal business requirement, information may also be needed to be shared with law authorities, for fraud detection, and for the safety of our site, employees, management, users, members and other affiliates associated with us.

External links:

Diamond Center may include links to other sites. If you decide to follow theses links, we are not responsible for the privacy policies and content of these sites. Generally we will inform you of these links.

Merchant co-promotions DiamondCenterStore.com would tie up with various third party merchants to offer value added promotions & offers to you in the form of creative banners etc. if you choose to click on these we are not responsible for privacy policies & content of these sites.

Using Your Information:

The most important usage would be your email which is used to inform you that your order has been confirmed.

Your email is also used to inform you for your customer service related queries and for any newsletters sent.

All other information collected is confidentially stored and will not be disclosed unless needed as per the requirement of the law authorities or in case of any disputes.

Your consent :

By using our website, you consent to the usage and collection of this information. If we decide to alter our privacy policy, changes will be posted on this page so that you will always be informed about what information is collected, how it is used, and under what circumstances it will be disclosed.

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