Please read these terms carefully before using this website or before ordering any merchandise from this website. Using this website indicates that you accept the terms and conditions set forth below. If you do not accept these terms and conditions, please exit this website.
1.1. This Agreement constitutes your agreement with Five and Diamond (Five and Diamond with respect to your use of the www.fiveanddiamond.com website ("Website"). You must agree to abide by all of the terms and conditions contained in this Agreement in order to continue viewing or using the Website.
1.2. Five and Diamond reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in its sole and absolute discretion. You should visit this page from time to time to review the most current version of these terms and conditions because they are binding on you. Your continued use of the Website after any changes have been made shall be deemed your acceptance of the changes.
1.3. If you wish to purchase any items or services from Five and Diamond, you must agree to abide by all of terms and conditions listed here.
2.1. The Website is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The contents of the Website are only for your personal, noncommercial use. All materials contained on the Website are protected by copyright and are owned or controlled by Five and Diamond or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website. The copying or storage of any content from the Website is expressly prohibited without prior written permission from Five and Diamond or the copyright holder as identified on the Website.
3. Changes to the Website
3.1 Five and Diamond may change, suspend or discontinue any aspect of the Website at any time. Five and Diamond may also impose limits on certain features and services or restrict access to parts or all of the Website without notice or liability.
4. Representations and Warranties
4.1. You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the Website any materials which:
4.1. 1. Restrict or inhibit any other user from using and enjoying the Website,
4.1.2. Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent;
4.1.3. Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law;
4.1.4. Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party;
4.1.5. Contain a virus or other harmful or potentially harmful component;
4.1.6. Contain any advertising of any kind; and/or
4.1.7. Constitute or contain false or misleading indications of origin or statements of fact.
5. No Endorsement
5.1. Five and Diamond neither represents nor endorses the accuracy or reliability of any message, advice, opinion, statement, memorandum, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such message, advice, opinion, statement, memorandum, or information shall be at your sole risk. Five and Diamond reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Five and Diamond shall not have any duty to correct any errors or omissions in any portion of the Website.
6.1. Links on the Website.
6.1.1. The Website may contain links to other World Wide Websites and resources. If you use these links, you will leave this Website. Five and Diamond has not reviewed these third party sites and does not control and is not responsible for any of these sites or their content. The links to third party sites do not constitute an endorsement of such third party sites by Five and Diamond or any of its subsidiaries or affiliates.
6.2. Links to the Website.
6.2.1. Any World Wide Website that links to this Website:
22.214.171.124. Shall not create a border environment around any of the content of the Website;
126.96.36.199. Shall not imply that Five and Diamond or any of its affiliates or subsidiaries are endorsing it or its products;
188.8.131.52. Shall not present false information about Five and Diamond products or services;
184.108.40.206. Shall not use the name Five and Diamond without prior written permission from Five and Diamond; and
220.127.116.11. Shall not contain content that could be construed as distasteful, offensive or controversial.
7. Site Content and Information
7.1. The Website contains information, advice, text, and other materials (collectively, the informationthat are provided for your convenience and enjoyment. You should be aware that the Information might contain errors, omissions, inaccuracies, or outdated information. Five and Diamond makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Information and shall not be liable for any lack of the foregoing. The Information published at this site may refer to products, materials or services that are not available in your country. Description of, or reference to, any product or publication within the Website does not imply endorsement of the product or publication.
8.1. The website, including all content, software, functions, materials and information made available on or accessed through or sent from the website, are provided is.o the fullest extent permitted by law, Five and Diamond and its subsidiaries and affiliates make no representation or warranties of any kind whatsoever about:
8.1.1. The content on the website;
8.1.2. The materials, information and functions made accessible by the software used on or accessed through the website;
8.1.3. The materials, messages and information sent from the website by users;
8.1.4. Any products or services or hypertext links to third parties; and/or
8.1.5. Any breach of security associated with the transmission of sensitive information through the website or any linked site.
8.2. Further, Five and Diamond disclaims any express or implied warranties including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Five and Diamond does not warrant that the functions contained in the website or any materials or content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the website or the server that makes it available is free of viruses or other harmful components. Five and Diamond shall not be liable for the use of the website including, without limitation, the content and any errors contained therein. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not be applicable in all jurisdictions.
9. Limitation of Liability
9.1. Under no circumstances including, but not limited to, negligence, shall Five and Diamond be liable for any direct, indirect, special, incidental or consequential damages including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Five and Diamond or its authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Five and Diamond total liability to you for all damages, losses or causes of action exceed one hundred dollars ($100) or the amount of a complete refund for goods or services purchased using the website, whichever is greater.
10. California Law and Jurisdiction
10.1. This Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflicts of laws rules. When this Agreement permits litigation, the parties consent to the exclusive jurisdiction of the federal and state courts in San Francisco County, San Francisco .
11.1. You hereby agree to indemnify, defend and hold Five and Diamond, and all of its officers, directors, owners, shareholders, agents, employees, information providers, affiliates, licensors and licensees (collectively, the emnified Partiesharmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your breach of this Agreement or the foregoing representations, warranties and covenants including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Five and Diamond reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In any event, you shall not settle any matter without the written consent of Five and Diamond.
12. No Endorsement
12.1. Five and Diamond does not represent nor endorse the accuracy or reliability of any advice, opinion, statement, memorandum, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such advice, opinion, statement, memorandum, or information shall be at your sole risk. Five and Diamond reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Five and Diamond shall not have any duty to correct any errors or omissions in any portion of the Website.
13.1. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration under this Agreement shall be held in San Francisco County, California.
14.1. Except as otherwise provided in this Agreement, all legal notices that are required to be served upon Five and Diamond shall be made in writing and served at the following address: 510 Valencia St., San Francisco, CA 94110.
14.2. Such notice shall be deemed delivered either when delivered personally or by overnight courier (e.g., Fedex, DHL), or three days after mailing, postage prepaid by registered or certified mail, return receipt requested.
14.3. Whenever Five and Diamond is required or permitted to give notice to you, Five and Diamond may send an e-mail to the address provided by you. If you have not provided an e-mail address, Five and Diamond may send a notice to you in any reasonable way.
15.1. This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, administrators, successors, and assigns. Nothing contained in this Agreement shall cause the failure of either party to insist upon strict compliance with any covenant, obligation, condition or agreement contained in this Agreement to operate as a waiver of, or estoppel with respect to, any such covenant, obligation, condition or agreement. Waiver by any party of any breach of any provision of this Agreement shall not be considered as nor constitute a continuing waiver or waiver of any other breach of any provision of this Agreement. In the event of litigation between the parties to enforce the provisions of or with respect to this Agreement, the prevailing party shall be entitled to reimbursement for attorneys fees and costs at trial and on appeal. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. In the construction of this Agreement, whether or not so expressed, words used in the singular or in the plural, respectively, include both the plural and the singular and the masculine gender includes the feminine and neuter genders. The parties to this Agreement agree that all of the provisions of this Agreement are to be construed as covenants and agreements as though the words imparting such covenants and agreements were used in each separate provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this Agreement. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.