1. User Agreement
By using this site, and contacting and engaging with The Diamond Lining, you certify that you:
(a) You are 21 years of age.
(b) The sole legal owner of any items you offer or sell to The Diamond Lining, and have the unencumbered right to sell the item.
(c) Acting on your own behalf, and not as the agent of another person, company or corporation, and are a casual seller.
2. Return Policy
The Diamond Lining will make every reasonable effort to quickly and safely return any requested item. All sales will be final when payment is issued to the seller. At any time before payment is issued, the seller may request their item(s) be returned. The Diamond Lining will return merchandise via USPS First Class Mail with 100% of the value insured, as determined by The Diamond Lining at our sole discretion, up to $100.00.
3. Intellectual Property
All content and technology available on or underlying the Site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software (the “Content”) are and will at all time remain our property is protected by United States and International trademark and/or copyright laws. The compilation of all content on this Site is our exclusive property.
Except as set forth in the limited license section, neither the Site, the Trademarks, nor may any portion of the Site be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the prior written consent of The Diamond Lining.
4. Limited License
The Diamond Lining grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. You may not frame or utilize framing techniques to enclose the Site or any portion thereof without The Diamond Lining’s prior written consent. You may not copy or download materials from the site except where specifically invited to do so.
The limited license set forth in this Section 4 does not include the right to: (i) modify or download the Site or its contents (except caching); (ii) make any use of the Site or its Content other than personal use; (iii) create any derivative work based upon either the Site or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Site’s home page so long as the link does not portray the Site, us or any Site Brands in a false, misleading, derogatory or otherwise offensive manner. You may not use our logos, registered or unregistered trademarks or any other proprietary graphic, trademark or service mark without the express written consent of The Diamond Lining. Any unauthorized use by you of the Site terminates the Limited License.
5. Third Party Links
We are not responsible for the content of any off-Site pages or any other sites linked to the Site. We do not endorse links appearing on the Site. We are not in any way responsible for examining or evaluating the offerings of off-Site pages.
6. Unsolicited Idea Submission
You acknowledge and agree that we are free to use any unsolicited ideas, concepts or know-how submitted by you to us through the Site or through any other means or media, directly or indirectly, for any purpose whatsoever, without compensation to you.
This Site is not intended for minors under the age of 21. If you are under 21, you may use the Site only with the consent and participation of a parent or guardian.
8. Service Offering
All services offered on this site are available at the sole discretion of thediamondlining.com. All prices displayed on the site are quoted in U.S. Dollars. All services of the site are available to consumers only. Any business or individual acting on behalf of a business, accessing this site and/or accessing the services of this site agrees to pay The Diamond Lining ten thousand dollars for each instance of communication, solicitation of service and/or pageview. The Diamond Lining reserves the right to refuse service to any person for any reason, and the right to use information submitted to the site for any reasonable business purpose.
9. Disclaimer of Representations and Warranties; Limitation of Liability
The site is presented ‘as is’ and ‘as available’. The Diamond Lining makes any representation or warranties of any kind whatsoever express or implied, in connection with these terms and conditions, the site, the operations or the services therein described. You agree that The Diamond Lining will not be liable under any circumstances, for any (a) interruption of business; (b) access delay or access interruption to the site; (c) data non-delivery or mis-delivery; (d) events beyond our reasonable control. Furthermore, The Diamond Lining will not be liable for any indirect, special, incidental or consequential damages or any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort, or otherwise, even if The Diamond Lining has been advised of the possibility of such damages. In no event shall The Diamond Lining maximum aggregate liability exceed one hundred dollars ($100.00). Because some states do not allow the exclusion or limitation of warranties or the exclusion or limitation of liability for consequential or incidental damages, in such states, you may have further rights, but in all cases our liability is limited to the maximum extent permitted by applicable law.
10. Indemnification of The Diamond Lining and Alexander Brands
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand related to your improper or unauthorized use of the Site.
(a) Any data or meta-data transmitted (“data”) to Site, though the web form, email, or any other type of communication will be stored in protected servers and files.
(b) Site reserves the right to use this data to service the consumer for the requested purpose, related business purpose, and marketing efforts related to interest indicated in the data.
(c) Site reserves the right to share data with third party companies for any reasonable business purpose.
(d) Site automatically collects information when you access Site, including but not limited to; ip address, hardware and software details, and isp data.
(e) Cookies: Site utilizes cookies for varied purposes including but not limited to; measurement, marketing & personalization.
To remove yourself from the marketing activities of Site, or to adjust your communication preferences, or otherwise alter the Personal Information that Site collects, please email CustomerService@TheDiamondLining.com
Any dispute, claim or controversy arising from your use of the Site or these Terms and Conditions (other than an action pertaining solely to whether amounts due and payable to us were actually paid and received) shall be resolved exclusively by binding arbitration in Seattle, Washington and shall be governed by the internal laws of the State of Washington without regard to conflict of law principles. You consent to any such dispute to mandatory and binding arbitration in Seattle, Washington under the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that the American Arbitration Association shall not administer any arbitration under this Agreement. The arbitration shall be conducted by an arbitrator who shall be selected in the following manner: (x) by agreement of the parties in dispute; or (y) if the parties in dispute cannot agree on an arbitrator within fourteen (14) days of delivery and receipt of the Arbitration Notice, the parties shall petition a court of competent jurisdiction to select the arbitrator, which judicial proceeding shall take place in a court located in Seattle, Washington. If for any reason this arbitration provision is not enforceable, then you agree that venue in any court action will be in Seattle, Washington, and that the internal laws of the State of Washington without regard to conflict of law principles shall apply.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such changed terms and conditions (together with all existing and unchanged Terms and Conditions). We may, with or without notice, terminate your rights to use the Site as granted by these Terms and Conditions.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall any waiver we may grant of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole.
If you have any questions regarding these Terms and Conditions, please contact CustomerService@TheDiamondLining.com