The Diamond Spot

TERMS OF USE

Last Revised 10/31/20

This website is operated by FCP Diamonds, LLC d/b/a The Diamond Spot Throughout the site, the terms “we”, “us” and “our” refer to FCP Diamonds, LLC d/b/a The Diamond Spot. FCP Diamonds, LLC d/b/a The Diamond Spot offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

ACCEPTANCE OF THE TERMS OF USE:

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

TERMS OF USE:

You can review the most current version of the Terms of Service at any time on this page. We reserve the sole discretion and right to update, change or replace or discontinue any part of these Terms of Service by posting updates and/or changes to our website.  We will notify you of this change by posting the modified version of our website indicating the date it was last modified. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least 18 years of age or older. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

ONLINE PURCHASES

If you wish to purchase any goods or services made available through the website (each such purchase, a “transaction”), you may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.

By submitting such information, you grant to company the right to provide such information to third parties for purposes of facilitating the completion of any transaction initiated by you or on your behalf.  Verification of information may be required prior to the acknowledgment or completion of any transaction.

USAGE OF COUPON CODES/DISCOUNT CODES

Limit one (1) time use per coupon and/or discount code per customer.  Discounts will be applied at checkout.  Online offers have no cash value and are not redeemable for cash.  Not valid on previous purchases or when combined with any promotional offers.

GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

PRODUCTS

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. 

OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

THIRD-PARTY LINKS 

Certain content, products and services available may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and you will acknowledge that we are not responsible or otherwise liable for third-party content or the acts or omissions of third-party providers or for any other materials, products, or services of third-parties, and any claim or cause of action available to you in connection with third-party sites will be brought against the third-party and not us.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

TRADEMARKS, COPYRIGHTS AND PATENTS

All trademarks, logos, and service marks displayed on the website, are registered and unregistered trademarks of company, its affiliates, licensors, content providers or other third parties.  All of these trademarks, logos and service marks are the property of their respective owners.  You may not use such marks without the prior written permission of the company, or the owner of the marks.  We reserve all rights not expressly granted in and to the website and its content.  This website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof (collectively, “Content”), is owned by company and its licensors, and protected by U.S. and international copyright laws.  All products displayed in our website are protected by copyright and/or patents owned by company and its licensors.

LIMITED LICENSE

Company grants you a limited license to access and make personal use of the website and content for your personal, noncommercial use and only to the extent that such does not violate these Terms of Use.  Any downloading or copying of the content herein is permitted for such personal, noncommercial use only, provided you do not modify or alter the content in any way.  No right title, or interest in any content is transferred to you upon copying or downloading, and content may not be transferred, reproduced, retransmitted or otherwise distributed or displayed, in whole or part.

You may not use any trademarks, service marks, or content on this website for commercial use without obtaining prior written authorization from the owner.  If you wish to make any use of material on the website other than as expressly permitted in this section, please send your request by contacting us.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

PERSONAL INFORMATION 

All information we collect on this website is subject to our Privacy Policy.  By using this website, you consent to all actions taken by us with respect to your information as set forth in our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied or on any related website, should be taken to indicate that all information or on any related website has been modified or updated. 

PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses. 

USER CONTRIBUTIONS

The website may contain product reviews, discussion forums, and other types of user-generated content, or other areas or services where you or third parties may create, post, or store any content, messages, or other material on the website (collectively “User Contributions”).  Company neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties.  Company will not be liable for any loss or damage caused by your reliance on user contributions.

Any user contributions you post to the website will be considered non-confidential and non-proprietary.  By posting user contributions on the website, you grant the company and its affiliates, service providers, licensees, successors and assigns a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for ay purpose.  You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any user contributions; (iii) disclose any user contributions, and the circumstances surrounding its transmission, to any third party; and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.  YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLES THE COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM YOUR USE OR MISUSE OF THE WEBSITE.

You represent that:

• You own or control all rights in and to your user contributions and have the right to grant the license set forth above to us and our affiliates and service providers, and each of their and our respective licenses, successors and assigns.
• All of your user contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any user contributions you submit or contribute, and you, not the company, have full responsibility for your user contributions, including their legality, reliability, accuracy and appropriateness.  We are not responsible, or liable to any third party, for the content or accuracy of any user contributions posted by you or any other user of the website.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY H ARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY  MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSIE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WLL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS OR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY 

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSE BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION/LIMITATION OF LIABILITY 

You agree to indemnify, defend and hold harmless FCP Diamonds and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party. 

SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the remaining provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. 

TERMINATION 

The limitation of liabilities and indemnities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

We reserve the right in our sole discretion without notice to terminate your account or your use of this website and to block or prevent future access to and use of this website if (i)you violate any of these Terms and Conditions or (ii) for any other reason.

ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

GOVERNING LAW 

Any dispute or claim relating in any way to these Terms of Use or previous versions of these Terms of Use, your use of the website, or any products or services sold or distributed by company or through the website, shall be governed by and construed in accordance the laws of the State of Rhode Island without regard to the principles of conflicts of law.

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate below if found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms of Use or previous versions of these Terms of Use, your use of the website, or any products or services sol or distributed by company or through the website, shall be instituted exclusively in the federal or state courts located in Rhode Island.  You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

DISPUTES

READ THIS SECTION CAREFULLY.  IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

Any dispute or claim relating in any way to your use of this website or to any products or services sold or distributed by us will be resolved by binding arbitration, rather than court, except that you may assert claims in small claims court if your claims qualify.  The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.  If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.  We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Governing Law & Arbitration  Rules

The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section.  If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Rhode Island.

The arbitration will be conducted under the then-current and applicable rules of the American Arbitration Association (“AAA”).  The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

Prohibition of Class, Representative, and Consolidated Actions

You and company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action.  Unless both you and company agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding.  The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law.  Any relief awarded by the arbitrator will not affect other company customers.

If for any reason a claim proceeds in court rather than in arbitration both you and company each waive any right to a jury trial.  You and company also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at info@thediamondspotboston.com.