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Terms and Conditions

Terms & Conditions For Diamonds & Jewelry

  1. This Diamond Attorney Website Terms and Conditions of Use Agreement (the 'Terms of Use') is between the party clicking 'accept' below and/or using The Site ('you') and Diamond Attorney Inc., with a principal place of business at 4635 Southwest Fwy Suite 575 Houston, TX 77027-7104. Diamond Attorney is a Texas for-profit corporation under the direction of A. Don Forester, the managing attorney of the Law Office of A. Don Forester. You should carefully read the Terms of Use before using the site. By using the site, you agree to be bound by the terms and conditions of use outlined in the Terms of Use. This is a legally binding agreement. If you do not agree with the Terms of Use: You should not use the site and must leave The Site. 
  2. You agree to use the site in a manner consistent with the Terms of Use and all applicable rules and regulations. You acknowledge that you have read the Terms of Use and that you accept the terms thereof.
  3. You agree to read these terms of use carefully before using the site. If you do not agree to the Terms of Use, you may not access or otherwise use The Site. 
  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 FOR INFORMATION ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR 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.
  7. WE MAY BE SUBJECT TO AND BY OUR PRIVACY POLICY FOR MARKETING AND OTHER PURPOSES, COLLECT, PROCESS, AND TRANSMIT CERTAIN DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING THE SITE. BY AGREEING TO THESE TERMS, YOU AGREE TO SUCH DATA BEING SO USED AND FURTHER AGREE THAT IT MAY BE TRANSMITTED TO OTHERS WHETHER OR NOT WITHIN THE UNITED STATES UNDER OUR PRIVACY POLICY AND UNDER APPLICABLE PRIVACY AND DATA PROTECTION LEGISLATION. 
  8. The Site is protected by copyright as a collective work and/or compilation, under 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.
  11. You hereby represent and warrant that you have all necessary rights in and to all postings you provide and all material they contain, and that such postings shall not infringe any proprietary or other rights of third parties. By posting messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively 'Communications') to The Site, you hereby grant to Diamond Attorney, subject to our privacy policy, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications in all media now known or hereafter developed. 
  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. 
  1. Except where the use of secure transactions is explicitly noted, you acknowledge that transmissions to and from the site are not confidential, and your communications may be read or intercepted by others. Any unprotected email communication over the Internet is subject to possible interception or loss, is not confidential, and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an email sent by you to us or an email sent by us to you or anyone you designate at your request. Violators of this section who use our services for any illegal purpose, including but not limited to repeated unwanted e-mails or 'spam,' may be prosecuted to the full extent of the law.' You acknowledge that by submitting communications to Diamond Attorney, no confidential, fiduciary, contractually implied or other relationship is created between you and Diamond Attorney, other than under these Terms of Use and any subsequent written agreement entered into with Diamond Attorney.
  2. 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 THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OFSENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, DIAMOND ATTORNEY, DISCLAIMS 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 HOWSOEVER 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 PROPERTY DAMAGE, 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 BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
  3. You hereby agree to indemnify, defend and hold Diamond Attorney, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees harmless from and against any liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use 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. Diamond Attorney, reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Diamond Attorney.
  4. These Terms of Use contain the entire understanding between us concerning The Site, and no representation, statement, or inducement, oral or written, not contained herein shall bind either of us. Diamond Attorney, reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Notification of changes in these Terms of Use will be posted on the Site.
  5. Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.
  6. The Site, any information provided from it and the Terms of Use are given and made in the state of Texas, United States of America.

    THIS TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS OF USE AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN HARRIS COUNTY IN THE STATE OF TEXAS.