Terms of Use
Last Updated: September 3, 2024
Welcome to www.diemondstar.com (the “Website”), which is operated by Diemond Star (“Diemond Star,” “we,” “us,” or “our”).
These Terms of Use (“Terms”) govern your access to and use of the Website, including your purchase of products through the Website and your use of any content, features, services, or functionality made available through the Website.
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the Website.
1. Use of the Website
You may use the Website only for lawful purposes and in accordance with these Terms.
You agree not to:
Use the Website for any unlawful, fraudulent, or unauthorized purpose.
Attempt to gain unauthorized access to the Website or any systems, servers, or networks connected to the Website.
Interfere with or disrupt the operation or security of the Website.
Introduce viruses, malware, or other harmful or destructive material.
Use automated systems, bots, scrapers, or similar methods to access, collect, or reproduce Website content without our prior written permission.
Impersonate Diemond Star, its employees, representatives, or any other person or entity.
Attempt to circumvent or interfere with any security or access controls.
Use the Website in a manner that could damage, overburden, or impair the Website or interfere with another person's use of the Website.
Diemond Star reserves the right to suspend, restrict, or terminate access to the Website, in whole or in part, at any time and for any reason, to the extent permitted by law.
2. Website Content and Intellectual Property
All content available through the Website, including but not limited to text, product descriptions, photographs, images, graphics, logos, trademarks, videos, audio, music, designs, artwork, and other materials (collectively, “Content”), is owned by Diemond Star or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.
You may access and use the Website and its Content for your personal, non-commercial use, unless otherwise expressly permitted by Diemond Star.
You may not, without our prior written permission:
Copy, reproduce, modify, or create derivative works from Website Content.
Republish, distribute, transmit, sell, license, or commercially exploit Website Content.
Remove copyright, trademark, or other proprietary notices.
Use Diemond Star's trademarks, logos, or branding in a manner that suggests an affiliation, sponsorship, or endorsement without our permission.
Reproduce or use Website Content for the purpose of creating or selling merchandise or other products.
Systematically download, scrape, archive, or reproduce substantial portions of the Website or its Content.
Nothing in these Terms grants you ownership of or any other rights in Diemond Star's intellectual property except for the limited right to access and use the Website as expressly permitted by these Terms.
3. Trademarks
The Diemond Star name, logo, product names, slogans, designs, and other branding elements may constitute trademarks or service marks owned by Diemond Star or its licensors.
You may not use these marks without prior written permission, except as permitted by applicable law.
All other trademarks, logos, and brand names appearing on the Website are the property of their respective owners.
4. Products, Product Information, Pricing, and Availability
We make reasonable efforts to provide accurate product descriptions, photographs, specifications, pricing, and availability information on the Website. However, we do not guarantee that all information will always be complete, accurate, current, or error-free.
Product colors and appearances may vary depending on your device or display settings.
Prices, product specifications, availability, promotions, and other product information are subject to change without notice.
Diemond Star reserves the right to correct errors, update information, limit quantities, discontinue products, or modify product offerings at any time.
5. Orders and Purchases
When you place an order through the Website, you are making an offer to purchase the selected products.
Diemond Star reserves the right to accept, decline, limit, or cancel any order for any reason, including suspected fraud, pricing or product information errors, inventory limitations, payment issues, or other circumstances affecting the order.
If we cancel an order after payment has been received, we will provide an appropriate refund of the amount paid for the canceled order, subject to applicable law.
An order confirmation or payment receipt does not necessarily mean that Diemond Star has accepted an order if the order is later determined to contain an error or other issue.
6. Payment Processing
Payments made through the Website may be processed through third-party payment providers.
By submitting payment information, you represent that you are authorized to use the payment method provided and authorize the applicable payment provider to process your transaction.
Diemond Star does not control the policies, practices, security, or systems of third-party payment providers. Your use of those payment services may also be subject to the provider's separate terms and privacy policies.
7. Shipping and Delivery
Shipping options, costs, estimated delivery times, and other applicable shipping information will be presented during the ordering process or through applicable Website policies.
Delivery estimates are not guaranteed and may be affected by circumstances outside of Diemond Star's control, including carrier delays, weather, customs, incorrect addresses, or other unforeseen circumstances.
You are responsible for providing accurate shipping and contact information when placing an order.
8. Returns, Refunds, and All Sales Final
Unless otherwise required by applicable law or expressly stated by Diemond Star, all sales are final and purchases are non-refundable.
Any applicable replacement, return, exchange, or refund will be handled in accordance with Diemond Star's then-current policies and applicable law.
Diemond Star reserves the right to address damaged, defective, incorrect, or otherwise problematic orders on a case-by-case basis.
Nothing in these Terms is intended to limit any rights or remedies that cannot legally be excluded under applicable law.
9. User Information and Communications
When you place an order, contact Diemond Star, subscribe to communications, or otherwise interact with the Website, you may provide information such as your name, email address, telephone number, billing or shipping information, and other information necessary to provide our products and services.
Our collection, use, and disclosure of personal information are described in our Privacy Policy.
If you voluntarily subscribe to email or SMS communications from Diemond Star, additional terms may apply to those communications. You may unsubscribe from marketing emails using the instructions provided in the applicable communication.
For SMS communications, standard message and data rates may apply. You may opt out of promotional text messages by following the applicable opt-out instructions, such as replying STOP where provided.
10. User-Submitted Content
If you voluntarily submit or provide content to Diemond Star, including photographs, videos, reviews, testimonials, comments, suggestions, ideas, or other materials (“User Content”), you represent that you have the necessary rights to provide that content.
Unless otherwise agreed in writing, by submitting User Content you grant Diemond Star a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, distribute, and otherwise use the User Content for legitimate business, promotional, marketing, advertising, or editorial purposes, subject to applicable law.
You should not submit confidential, proprietary, or sensitive information through the Website unless specifically requested by Diemond Star.
Diemond Star reserves the right, but not the obligation, to remove or decline to publish User Content for any reason.
11. Third-Party Websites and Services
The Website may contain links to third-party websites, services, social media platforms, retailers, or other resources that are not owned or controlled by Diemond Star.
These links are provided for convenience only and do not necessarily constitute an endorsement, sponsorship, or recommendation.
Diemond Star is not responsible for the content, availability, security, privacy practices, products, services, or policies of third-party websites or services.
Your use of third-party websites and services is subject to their own terms and policies.
12. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Website and its Content are provided on an “AS IS” and “AS AVAILABLE” basis.
Diemond Star makes no warranties, express or implied, regarding the Website, including warranties of accuracy, reliability, availability, merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.
We do not guarantee that the Website will always be available, secure, accurate, complete, current, or free from viruses or other harmful components.
Product information provided through the Website is intended to provide general information and does not constitute professional advice.
13. Limitation of Liability
To the fullest extent permitted by applicable law, Diemond Star and its owners, employees, representatives, agents, affiliates, licensors, service providers, and other related parties will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your use of, or inability to use, the Website, Content, products, or services.
This includes, without limitation, claims arising from Website interruptions, technical problems, unauthorized access, loss of data, third-party services, or reliance on Website Content.
To the fullest extent permitted by applicable law, Diemond Star's total liability arising out of or relating to your use of the Website or any products purchased through the Website will be limited to the amount you paid to Diemond Star for the specific product, transaction, or service giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
14. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Diemond Star and its owners, employees, representatives, agents, affiliates, licensors, and service providers from claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
Your use or misuse of the Website.
Your violation of these Terms.
Your violation of applicable law or the rights of another person or entity.
Your User Content or other material submitted by you.
Your unauthorized use of the Website or its Content.
15. Privacy
Your use of the Website is also subject to our Privacy Policy, which describes how Diemond Star collects, uses, maintains, and protects personal information.
Our Privacy Policy is incorporated into these Terms by reference.
16. Changes to the Website and These Terms
Diemond Star may modify, update, suspend, or discontinue the Website or any portion of the Website at any time, with or without notice.
We may also update these Terms from time to time. When we make changes, we will update the “Last Updated” date at the top of this page.
Your continued use of the Website after updated Terms are posted constitutes your acceptance of the revised Terms, to the extent permitted by applicable law.
17. Governing Law and Disputes
These Terms and your use of the Website will be governed by the laws of the State of Tennessee, without regard to its conflict-of-law principles, except where applicable law requires otherwise.
To the extent permitted by applicable law, any dispute arising out of or relating to these Terms, the Website, or products purchased through the Website shall be brought in the state or federal courts located in Tennessee, and you consent to the jurisdiction and venue of those courts.
18. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.
19. Entire Agreement
These Terms, together with the Privacy Policy and any other policies or terms expressly incorporated into these Terms, constitute the entire agreement between you and Diemond Star regarding your use of the Website and supersede prior or contemporaneous communications regarding the Website.
20. No Waiver
Diemond Star's failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.
21. Contact Us
If you have questions about these Terms of Use, please contact us at:
Diemond Star
Email: info@diemondstar.com
Website: www.diemondstar.com