1. Acceptance of terms and conditions of use
Your access to, and use of, this website is subject to the following provisions and conditions. By visiting this website and scrolling through it, you accept these provisions and conditions without reservation and acknowledge that these replace any other agreements entered into by you with Diamond USA as regards the use of this website and render this void of any legal effect. The Website is provided for your informational and personal use only, and you must be at least 18years of age; provided that your use of this Website will be subject at all times to these Terms and Conditions. Use of the Website is void where prohibited by applicable law and the right to access the Website is revoked in such jurisdictions. The Website is administered in the United States and any information you provide will be transferred to the United States. The laws and regulations in different countries impose different (and even conflicting) requirements on the Internet and data protection. If you are located in the European Union or elsewhere outside of the United States, your use of the Website is at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. By using the Website, participating in any Website activities or providing us with your personal information, you (a) consent to the transfers and processing of any information you provide to the Website; (b) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union; and (c) understand that the Website will deal with your information in accordance with U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction. You may not use the Website in such a manner as to violate any applicable law or these Terms and Conditions. When using the Website, you agree to comply with applicable federal, state and local laws including, without limitation, intellectual property law. You may not use the Website for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to the Company or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure or virus dissemination.
2. Rights of ownership and use of the website
Copyright © Diamond USA. Copyright and all other intellectual property rights in the website and the content displayed on it or accessible through it (hereinafter "content") belong to Diamond USA or are licensed to the company and are protected by Swiss copyright law. You are granted a limited, personal, non-exclusive, non-transferable license to access the website and its content and to search and use them for your own personal, non- commercial purposes. Were serve the right at our own discretion to withdraw from you at any time the right to use this website. You may not without prior written permission from Diamond USA in any way access this website or its content, copy or download the content, convert the content into another format, distribute, alter, republish or broadcast it, incorporate it into another website, communicate it to the public or otherwise use it, trade it or gain economic advantage from it, except where expressly permitted to do so. This prohibition applies to texts, images, videos, software, products, services and all other forms of information. You may use the website only for lawful purposes and in such a manner that the rights of third parties are not infringed or the use of the website and of its content by third parties is not restricted. You agree not to remove or alter any references to copyright or other property rights or trademarks appearing on the website or in its content.
Diamond USA is the owner of the domain name www.diausa.com. Except as otherwise stated, all trademarks on this website, in particular, brands, logos and emblems, are the property of Diamond SA and protected under trademark law.
4. Data Protection
Diamond USA accepts no liability for accuracy or completeness of the content or as regards its being up to date. Insofar as it is permitted to do so, Diamond USA rules out all liability for damage of whatever nature and for whatever reason in law, resulting from or in connection with the use of these webpages. Diamond USA accepts no responsibility for the content of any third-party sites to which this website links.. LegaL notices/ terms and conditions of use Losone, 2nd september 2013 President & General Manager.
7. Liability Disclaimer
To the maximum extent permitted by law, the materials contained on this Website are provided “as is,” with “all faults” and without warranties of any kind either express or implied. Except as otherwise stated in writing signed by an authorized representative of the company, no warranty whatsoever, express or implied, is given with respect to goods or services depicted, shown or described on this Website or with any Website content. Information regarding the company’s products and services, including their availability, appearance, price and specifications, are subject to change without notice. Such information will not constitute a representation or warranty of any kind. To the fullest extent possible pursuant to applicable law, the company disclaims all warranties of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular use or purpose, title, non-infringement or other violations of rights; and the company does not warrant or make any representations regarding the use, validity, accuracy or reliability of, or the results of the use of, or otherwise respecting, the Website, Website content or any sites linked to this Website. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it. Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
To the fullest extent possible provided by law, you agree to indemnify and hold harmless the Diamond USA, its affiliates, successors, advisors, service providers and licensors, and its/their respective directors, officers, shareholders, employees, service providers and agents (collectively, the “Indemnified Parties”), from and against all losses, expenses, fines, damages and costs, including reasonable attorneys’ fees, resulting from your violation of law or these Terms and Conditions, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or for any third-party claims arising as a result of your use of the Website or reliance upon any information found on the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
9. Limitation of Damages
To the fullest extent possible provided by law, under no circumstances will the indemnified parties be liable for any special, indirect, incidental or consequential damages, or any damages whatsoever, including damages resulting from loss of use, loss of privacy, lost data or lost profits, whether for breach of contract, negligence or other tortious action or any other cause of action whatsoever, whether or not the indemnified parties or a representative of the indemnified parties has been advised of the possibility of such damages, arising out of or in connection with the use of or the inability to use the information available on this website, or any website referenced in or linked to by this website .to the fullest extent possible provided by law, in no event shall the indemnified parties’ liability arising in connection with this website or under these terms and conditions exceed one hundred dollars ($100). You agree that any claim or cause of action arising under these terms and conditions or the performance or non-performance of the website must be brought within one year after such claim or cause of action arises, or be forever barred. Some states do not allow the exclusion or limitation of incidental or consequential damages, or other limits or disclaimers, so to the extent such exclusions, limitations or disclaimers are prohibitions, the above disclaimers, limitation or exclusion may not apply to you.
10. Applicable law and place of jurisdiction
These terms and conditions of use and any disputes arising out of or in connection with the relationship between Diamond USA and the user shall be subject to US law to the exclusion of all others, of provisions relating to the conflict of laws and of the provisions of the United Nations Convention on Contracts of the International Sale of Goods (CISG). The sole place of jurisdiction in the event of any dispute shall be the federal or state court for the registered office of Diamond USA.
Diamond USA may amend these provisions at any time by updating this announcement. As such amendments are binding on you. You should visit this site regularly in order to view the current provisions and conditions by which you are bound.
12. General Provisions
These Terms and Conditions shall apply to and bind your assignees and successors in interest and those of the Company. This agreement is not assignable by you without the Company’s prior written consent. The Company may assign this contract at any time to any parent, subsidiary or any affiliated company or as part of the sale to, merger with or other transfer of the Company, or the assets of users that relate to the Website, to another entity. The waiver by the Company of any breach or default shall not be deemed a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms and Conditions is held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms and Conditions.