Terms & Conditions for Diamonds & Gold
4. You accept that The Site is provided on an "as is, as available" basis.
5. The materials included in The Site are for general information purposes only and do not constitute legal advice. They are not intended to be a substitute for obtaining legal advice from our legal counsel. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THE SITE ARE FORINFORMATION ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NOMANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONALADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOURPARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL.
6. Diamond Attorney, does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through The Site. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. Diamond Attorney, reserves the right, in its sole discretion, to correct any errors or omissions in any portion of The Site.
8. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on The Site are protected by copyright, and are owned or controlled by Diamond Attorney. Permission is given to view the material on these web pages and save that material only for your personal reference.
9. Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on The Site in any way unless you obtain the prior written consent of Diamond Attorney. No intellectual property or other rights shall be transferred to you through your use of The Site. Diamond Attorney, reserves the right to make changes to The Site, including the availability of any feature, Content, Web page materials, product information and prices on The Site at any time without notice or liability.
10. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through The Site any materials which (i) restrict or inhibit any other user from using and enjoying The Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,(iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
12. You hereby waive all rights to any claim against Diamond Attorney, for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
14. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS, AS AVAILABLE." TO THE FULLEST EXTENT PERMISSIBLE BY LAW. DIAMOND ATTORNEY, AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGHTHE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, DIAMOND ATTORNEY, DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DIAMOND ATTORNEY, DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIAMOND ATTORNEY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. FURTHER, IN NO EVENT WILL DIAMOND ATTORNEY BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, AND USE OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOW SO EVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY,CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS THE SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
Terms & Conditions for Diamonds & Gold
The terms and conditions contained below shall be binding on each and every customer of Diamond Attorney Inc. as it affects those who sell their scrap gold and platinum and shall inure to the benefit of Diamond Attorney Inc. and Diamond Attorney Inc.'s successors and assigns.
1. Requirements For Use. Every customer must be at least twenty-one (21) years of age in order to conduct business with Diamond Attorney Inc. In addition, every customer of Diamond Attorney Inc. must be the actual owner of any and all property sold or attempted to be sold to Diamond Attorney Inc., and it is incumbent of every customer to act on his or her own behalf and not as the agent or representative of another person. Diamond Attorney Inc. may request documentation or other proof of compliance with the requirements contained in this paragraph, but shall not be obligated or required to.
2. Guaranty Against Loss. Diamond Attorney Inc. will guaranty against loss the total contents properly shipped to Diamond Attorney Inc. in a GoldPOD7 in accordance with the instructions and procedures established by Diamond Attorney Inc. and subject to the Terms and Conditions. Diamond Attorney Inc.'s liability will be limited to one-third (1/3) of the value of the total content, or One Hundred ($125.00) Dollars, whichever is less. If there is no original sales slip or appraisal, Diamond Attorney Inc.'s liability will be limited to Thirty Five ($35.00) Dollars. If there is a sales slip or appraisal, Diamond Attorney Inc.'s liability will be limited to One Hundred ($125.00) Dollars as set forth herein above. This Guaranty shall apply only to merchandise shipped in the GoldPOD7 packaging supplied by Diamond Attorney Inc. Diamond Attorney Inc. reserves the right, in its own judgment, to reject delivery of any mail, envelope or package, which appears to be damaged, opened, or tampered with and any such mail, envelope or package will be returned by the post office to the customer. Diamond Attorney Inc. shall have no liability to any customer for any such attempted delivery or return of any such items.
3. Waiting Period For A Claim. A customer who wishes to submit a claim to Diamond Attorney, Inc. must wait at least sixty (60) days before submitting a claim form. In order to be processed, the claim form must be fully and accurately completed, signed and mailed to Diamond Attorney Inc., Inc. in accordance with the claim form instructions. The customer must submit any and all supporting documentation with the completed and signed claim form. Failure to properly complete, sign and/or mail the claim form will result in the rejection of the claim by Diamond Attorney Inc.
4. Limitation of Liability. This limitation of liability shall be binding on each and every customer and any third party, including, but not limited to, the customer and the customer's successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to customer's transaction with Diamond Attorney Inc. In no event shall Diamond Attorney Inc. be liable to any third party, including any insurance carrier. Diamond Attorney Inc. shall not be liable for any subrogation claim brought by customer's insurance carrier, and, by submitting an item to Diamond Attorney Inc., customer expressly and specifically waives any such subrogation claim on his or her behalf as well as on the behalf of his or her insurance carrier. Diamond Attorney Inc.'s liability is and shall be expressly and specifically limited to the LEAST of the following sums: 1. The liquidation value placed on the total contents by Diamond Attorney Inc. is Diamond Attorney Inc.'s sole discretion; 2. One third (1/3) of the appraised value of the contents according to an appraisal submitted by a customer/seller to Diamond Attorney Inc., which appraisal was issued prior to the shipment of the item to Diamond Attorney Inc.; and, 3. The sum of One Hundred Twenty Five Dollars. The customer/seller expressly acknowledges and accepts that if there is no appraisal which was issued prior to the contents being submitted to Diamond Attorney, Inc., Diamond Attorney, Inc.'s liquidated value shall be absolute and binding and further, that in no event shall Diamond Attorney, Inc.'s liability exceed One Hundred Twenty Five Dollars. Diamond Attorney, Inc. shall not be liable to anyone for any damages, including but not limited to, incidental, consequential, punitive, loss of profit or opportunity, other than as set forth herein above. By submitting the item, a Diamond Attorney, Inc customer explicitly and expressly accepts this limitation of liability.
5. Verbal Offers. Any customer or prospective seller may request Diamond Attorney Inc. to provide a telephone or e-mail quote for his or her items after such items have arrived at Diamond Attorney Inc.'s office. Verbal offers may, at the discretion of Diamond Attorney Inc., be recorded. Upon a verbal acceptance by the customer on the telephone or e-mail quote, payment will be issued by Diamond Attorney, Inc. within twenty four(24) hours of such acceptance, and the ten (10) day customer satisfaction holding period guaranty will no longer be applicable to such transaction.
6. Diamond Attorney, Inc. Disclaimer of Liability Diamond Attorney Inc. shall not be responsible for the contents of the gold chart data appearing on its web site. These charts are provided by third parties other than Diamond Attorney, Inc. Diamond Attorney, Inc. includes such charts only for general information to its customers, and shall not be liable to anyone who relies on the information contained therein.
7. Return Insurance Liabilities. Customers offering merchandise for sale to Diamond Attorney, Inc. understand and expressly accept and agree that they will be offered the fair market wholesale value for such items. If an item is returned to a customer, Diamond Attorney, Inc. will insure the item for no more than twice the amount offered by Diamond Attorney, Inc. regardless of what it was insured for when mailed by the customer to Diamond Attorney, Inc. unless Diamond Attorney, Inc. is otherwise notified by e-mail or fax by the customer prior to the return shipment. Diamond Attorney, Inc. shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.
8. Choice of Law, Waiver, and Claims. This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Diamond Attorney, Inc.'s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any such claim or cause of action must be filed in the State of Texas. Diamond Attorney, Inc. shall be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of Houston, Harris County, Texas including but not limited to, attorney's fees incurred by Diamond Attorney, Inc.