TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
All users of the Laboratory Grown Diamond Exchange (Laboratory Grown Diamond Exchange) website (“this site" or "Laboratory Grown Diamond Exchange") agree that access and use of this site is subject to the following Terms and Conditions and other applicable law. By accessing this site, you agree to comply with and be bound by these Terms and Conditions. This site is offered and available to users who are 18 years of age or older. By using this site, you represent and warrant that you are of legal age to form a binding contract with Laboratory Grown Diamond Exchange. If you do not meet these requirements or do not agree with these Terms and Conditions, you must not access or use this site.
The entire content included in this site, including but not limited to text, graphics or code is the property of Laboratory Grown Diamond Exchange, LLC, and is protected by Copyright. You are granted a personal, limited, non-sublicensable license to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Laboratory Grown Diamond Exchange. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Laboratory Grown Diamond Exchange. Any other use, including but not limited to, the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized, in writing, by Laboratory Grown Diamond Exchange. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Laboratory Grown Diamond Exchange and LABORATORY GROWN DIAMOND EXCHANGE are service marks of Laboratory Grown Diamond Exchange, LLC, or its licensor(s) and may not be copied, imitated or used, in whole or in part, without the prior written permission of Laboratory Grown Diamond Exchange or the respective trademark holder. You may not use any metatags or any other "hidden text" utilizing "Laboratory Grown Diamond Exchange" or any other name, trademark or product or service name of Laboratory Grown Diamond Exchange, LLC without our prior written permission. All other trademarks, product names or logos mentioned in this site are the property of their respective owners.
This site and the materials, products and Articles listed or sold through this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent allowed by law, Laboratory Grown Diamond Exchange disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Laboratory Grown Diamond Exchange does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Laboratory Grown Diamond Exchange does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
LIMITATION OF LIABILITY
Laboratory Grown Diamond Exchange shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products or Articles sold through this site, even if Laboratory Grown Diamond Exchange has been advised of the possibility of such damages.
In the event that an Article is mistakenly listed at an incorrect price, Laboratory Grown Diamond Exchange reserves the right to refuse or cancel any orders placed for Article(s) listed at the incorrect price. Laboratory Grown Diamond Exchange reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged, or you have otherwise paid for the purchase and your order is cancelled, Laboratory Grown Diamond Exchange shall issue a credit to you for the amount originally billed.
TERM AND TERMINATION
These Terms and Conditions are applicable to you upon your accessing the site and all uses of the site, including, without limitation, registration, posting a listing, or making an offer to purchase. These Terms and Conditions, or any part of them, may be terminated by Laboratory Grown Diamond Exchange without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Laboratory Grown Diamond Exchange may deliver notice to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to Laboratory Grown Diamond Exchange. Please add us to your ‘safe sender’ list, especially if you have posted product or Article listings on this site.
Your use of this site shall be governed in all respects by the laws of the state of New York, USA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products or Articles) shall be in the state or federal courts located in the City, County and State of New York, USA.. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products or Articles) must be commenced within one (1) year after the claim or cause of action arises. Laboratory Grown Diamond Exchange’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Laboratory Grown Diamond Exchange may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language or images, is strictly forbidden. Impersonation of others, including a Laboratory Grown Diamond Exchange or other staff member, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or any content which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload to, distribute, or otherwise publish through the site any content which infringes the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights of any party. You may not upload commercial content on the site or use the site to solicit others to join or become members of any commercial online service or other organization other than Laboratory Grown Diamond Exchange.
By posting content to the site, you hereby grant us a license to use your content in any way, either on the site or elsewhere, with no liability or obligation to us. We reserve the right in our sole discretion to edit and/or delete any content displayed, uploaded to, distributed or otherwise published through this site (other than content in private e-mail communications).
Without limiting any other remedies available to us by law, if we believe that you are acting inconsistently with these Terms and Conditions or our other policies, we may, in our sole discretion, limit, suspend or terminate your access to this site, by taking any technical and/or legal steps, and we may delay or remove listings or content posted by you.
You agree to indemnify, defend, and hold harmless Laboratory Grown Diamond Exchange, its officers, directors, staff members, brokers, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.
We respect the intellectual property rights of others, and require that the people who use this site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
By checking the “I Agree” button on our registration page, you are agreeing to all the Terms and Conditions of our site. Sellers agree to provide all necessary information and documentation to Laboratory Grown Diamond Exchange and to sell the true and correct Article(s) identified in your listing. Buyers understand and agree that an offer placed with us is a contract to purchase. Please be sure before you offer.