Terms and Conditions
This Website is owned and operated by or on behalf of Diamond Communications LLC, a Delaware limited liability company (collectively with its affiliates, “Diamond”, “us”, “we”, “our” or the “Company”). By using or accessing one or more areas of this Website, you agree to comply with and be bound by these terms and conditions of use (as amended, supplemented or otherwise modified from time to time, these “Terms and Conditions”), our Privacy Policy and all applicable federal, state and local laws, rules and regulations, all of which together govern your use of and access to this Website and Diamond’s relationship with you in relation to this Website. Please read these Terms and Conditions carefully because these Terms and Conditions constitute a legally binding contract between Diamond and you. Please note that these Terms and Conditions are subject to change at any time without notice to you, so please visit these Terms and Conditions periodically.
As used in these Terms and Conditions, (a) the term “Website” includes the website located at the domain www.diamondcomm.com and all subpages accessible therefrom (including all information, content and materials displayed or accessible thereon) other than a click through site, (b) the term “click through site” includes websites not owned or controlled by Diamond that may be accessible through hypertext links available on this Website, and (c) the term ‘you’ refers to the user or viewer of this Website.
• The content of the pages of this Website is for your general information and internal use only.
• Neither we nor any third parties provide any representation, warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information, content and materials found or offered on this Website for any particular purpose. You acknowledge that such information, content and materials may contain inaccuracies or errors and is provided to you on an “as is, where is, with all faults” basis, and we expressly exclude any liability for any such inaccuracies or errors to the fullest extent permitted by law and disclaim any express or implied representation or warranty of any kind.
• Your use of and access to this Website is entirely at your own risk, and Diamond will not be responsible for any damages, losses or consequences to you or any third party in connection with your use of or access to this Website or any click through site or any action or inaction you take as a result of your use of or access to this Website or any click through site. Diamond will not be liable to you or any third party for any incidental, special, indirect, punitive or consequential damages (including, without limitation, lost revenue, lost profits, lost or damaged data, or cost savings), whether arising in contract, tort or otherwise, in connection with or relating to your use of or access to this Website or any click through site or any action or inaction you take as a result of your use of or access to this Website or any click through site, even if Diamond has been advised of the possibility of such damages.
• It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific needs and requirements. For the avoidance of doubt, the content available on this Website is not, and shall not be construed as, advice of any kind (whether investment, financial, business, legal or any otherwise) or an offer for the sale of goods or services.
• This Website contains material which is owned by or licensed to us. This material may include, but is not limited to, the design, layout, look, appearance, icons, images, company names and marks, graphics, software and code, and is governed by patent, copyright, trademark and other applicable laws. Reproduction, modification, transmittal, sale or publication of such material is prohibited other than with our prior written consent and in accordance with these Terms and Conditions and applicable law.
• All trademarks reproduced in this Website which are not the property of, or licensed to, Diamond are acknowledged on this Website.
• Unauthorized use of this Website by you or any third party may give rise to a claim for damages and/or be a criminal offense.
• From time to time this Website may also include links to click through sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the click through sites. We have no responsibility or liability for the content of any click through site.
• You may not create a link to this Website from any other document, instrument or internet source without Diamond’s prior written consent.
• If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, such provision will be deemed to be modified to reflect as nearly as possible the original intention of such provision, and if such modification is not permitted under applicable law, such provision shall be severed from these Terms and Conditions to the extent required under such applicable law; provided, that notwithstanding the foregoing, the remaining provisions of these Terms and Conditions shall not be affected and the remaining provisions and modified provisions, as applicable, shall be valid and enforceable to the greatest extent permitted by applicable law.
• Any waiver by Diamond to exercise any rights or remedies available to Diamond under these Terms and Conditions or applicable law must be in a writing signed by a duly authorized officer of Diamond. Daimond’s failure to exercise any such rights or remedies will not be construed as a waiver of Diamond’s right to assert any such right or remedy at any time thereafter, and no waiver by Diamond of any breach or violation of any provision of these Terms and Conditions will be construed as a waiver of any continuing or subsequent breach.
• Your use of and access to this Website and any dispute arising out of such use and access is subject to the laws of the United States of America and all applicable jurisdictions therein.